
Book .J{Sl_ 



\ ' 



RECORDS 



OF THE 



COLONY AND PLANTATION 



OF 



NEW HAVEN, 



FROM 1638 TO 1G49. 



TRANSCRIBED AND EDITED IN ACCORDANCE AVITH A RESOLUTION 
OF THE GENERAL ASSEMBLY OF CONNECTICUT. 

AVITH OCCASIONAL NOTES AND AN APPENDIX. 



By CHARLES J. HOADLY, M. A. 

state Librarian of Conn., Member of the Conn. Hist. See, Cor. Memb. N. E. Hist. Gen. Soc. 



HARTFORD: 

y oy the 



PRINTED BY CASE, TIFFANY AND COMPANY 



it 



J>^ i I FOR THE EDITOR 

' > 1857. 



At a General Assembly of the State of Connecticut, holden at New 
Haven in said St-ate, on thejirst Wednesday of May, in the year of 
our Lord one thousand eight hundred and fifty-six : 

Hesulved, That the secretary be authorized to purchase lor the use of the state, two 
hundred and fifty copies of the proposed publication of the Records of the Colony of 
New Haven, prior to the union with Connecticut, transcribed and edited by Charles 
J. Hoadh', Esq. Provided, that such publication shall be authenticated by the official 
certificate of the secretary, as a true copy of the original record ; and provided, also, 
that the expense of the same shall not exceed two dollars and fifty cents per volume. 

Resolved, Thaf the copies so purchased be distributed as follows ; one copy to the 
town clerk of each town in this state, to be preserved in his office for the use of the 
town; one copy to the governor, and to each of the state officers of this state; one 
copy to the governor of each of the several states and territories of the United States, 
to be deposited in their several state libraries; one copy to the library of congress; 
one copy to the Smithsonian Institute; one copy to each of the colleges of this state; 
twenty five copies to Jlr. Alexander Vatteniare for international exchange: and the 
remainder of the said two hundred and fifty copies to be deposited in the oflice of the 
Eecretary, subject to the disposal of the general assembly. 



INTRODUCTION. 



The original manuscript, of which the present volume is intended 
to be, as nearly as practicable, a reproduction, is a large folio of sev- 
enteen by eleven inches in size, containing about two hundred and 
fifty pages. It was evidently written with some care, and the chirog- 
raphy of the whole might be called, for the jjeriod, superior, more 
particularly so that of Thomas Fugill, the first secretary, although it 
is more abundant in contractions and abbreviations than that of Rich- 
ard Perry or Francis Newman, his successors. 

Many years before the employment of the volume in this country 
as a Record Book for New Haven Colony, five pages of it had been 
used, by some great merchant in London, as a Day Book or Journal, 
and it thus begins, — " Laus Deo, In London, the 6th of January, 
Anno Dominfe 1608." Who the merchant was to whom it belonged 
does not appear, and is unknown ; it has been a tradition, however, 
that it was " Governor Eaton's Ledger," but as Eaton was born in 
1590, it would hardly seem probable that a youth of eighteen should 
carry on business, both foreign and domestic, to so great an extent as 
would appear to be indicated by the entries in this book. 

At their first settlement, though within the limits of the old Con- 
necticut Patent, the plantations of New Haven, Guilford and Mil- 
ford, intended to be, if possible, separate and distinct governments, 
but finding themselves singly too weak, early in the spring of the year 
1643, they confederated with New Haven, which had already by the 

<3? 



IV INTRODUCTION. 

purchase and settlement of Stamford, Yennycock or Southold, and 
Totoket or Branford, become the most considerable in size and influ- 
ence, and thus was formed the Jurisdiction of New Haven. 

The present volume contains the recoixls of the Colony of New 
Haven while it remained distinct, the beginning of the records of the 
Jurisdiction, and the records of the Town or Plantation up to the 
year 1G50. 

From April, 1644, to May, 1653, the records of the Jurisdiction 
are lost, save that in this volume we have the proceedings of a Court 
of Magistrates, June 14th, 1646, and a Court of Election, October 
27th, 1646. How long these records have been missing we are igno- 
rant, but may conjecture that they have been so for a period of about 
a century. That Dr. Trumbull did not have access to them, while 
collecting materials for the history of Connecticut, that is from about 
1770 to 1774, is evident upon an examination of that work, and had 
their disappearance then been recent, we should suppose that there 
would have been made some reference to the fact, either by him or by 
the General Assembly in their resolution of May, 1772. 

The dates of some meetings of the Jurisdiction Courts for this 
period, collected from the records of the United Colonies and from 
those of the town of Guilford, are inserted in their chronological order 
in the form of notes. 

In a note at page 463 is found an account of some of the proceed- 
ings of a General Court for the Jurisdiction, May 30th, 1 649, which 
is taken from Thompson's History of Long Island, but I have thus 
far been unable to learn the source whence the author of that work 
obtained the citation. The editor has been informed that Mr. Thomp- 
son's papers afford no clue, and that it is not found in the records of 
the town of Southold, L. I. It is to be hoped that the extract may 
lead to the discovery of the missing volume. 

In May, 1772, perhaps at the instance of Governor Trumbull, 
who, as the venerable historian of Connecticut assui'es us, had a 
most thorough acquaintance Avith the history of the colony, the Gen- 
eral Assembly passed the following resolution : 
" Whereas the first antient Book of Records of this Colony remain- 



INTRODUCTION. V 

ing in the Secretary's office, and the first Records of the Jurisdiction 
of New Haven, in the ofilce of the Town Clerk of the Town of New 
Haven, are much worn and decayed, and by constant use in danger of 
being totally ruined, Resolved by this Assembly, that the Secretary 
be directed and he is hereby directed to procure the said Records to 
be fairly transcribed into some proper book or books to be by him 
procured for that purpose, and laid before this Assembly to be com- 
pared and duly authenticated for common use, to the end that the 
said original ancient Records may be safely preserved and used only 
upon special and important occasions. The secretary is also directed 
to receive into his hands and deposit in his ofiice the antient Book of 
Records of the Jurisdiction of New Haven, now remaining in the office 
of the clerk of the County Court of New Haven County, who is also 
hereby requested to deHver the same to liim accordingly, that the 
same may remain for publick use in the publick archives of the 
Colony."* 

The first volume of the Connecticut Records was copied and pre- 
sented to the Legislature for authentication in May, 1773, but why the 
New Haven Records were not then also transcribed we are not 
informed. 

The authorities of the town of New Haven have within a few years 
taken commendable care for the preservation and safe keeping of this 
first volume of their Records, by causing a copy to be made, and by 
enclosing the original in a copper box. 

In executing the trust of editing these Records, accuracy has been 
the chief thing aimed at, and to obtain this neither time nor labor 
have been spared ; every page has been carefully compared by the 
editor with the original ; contractions and abbreviations have been 
followed, but with regard to the use of capital letters and marks of 
punctuation, it has not been deemed necessary strictly to adhere to the 
copy ; still, however, this liberty has been used with caution, and the 
editor has not knowingly altered the sense of any passage thereby, 

* Colony Kecords, vol. xi, p. 105. 



Vi INTRODUCTION. 

preferring in all instances where such might be the case, to let the 
original punctuation prevail. 

Changes in the original arrangement of the records have been 
made in two instances only, one by placing the articles of agreement 
with the native Indian proprietors at the beginning of the volume, 
and the other by transferring a list of names recorded on page [138] 
to page 140 of this volume. The paging of the original has been 
preserved and will be found in brackets at the side of the page. 

Some redundancies in the original have been printed in italics. 
Where the original has in some places become obliterated or worn 
away, the missing words, supplied by the editor, are included in 
brackets. In other cases where words or letters have been omitted 
or passages of doubtful import gccur, the editor feels obliged to charge 
the fault to those who originally wrote the manuscript. 

In citing the records of the United Colonies, it has been found 
more convenient in general, to cite from the cotemporary manusci'ipt 
copy preserved in the Secretaiy's office than to make use of Hazard, 
since it is known that in the latter many errors occur. In citing 
Trumbull's history, the edition printed at Hartford in 1797 has been 
used, and in Savage's Winthrop, though the edition of 1853 has been 
used, yet the pages of the former edition of 1825-6 are cited. 

In conclusion, the editor expresses his thanks and acknowledges 
his obligations to the General Assembly of Connecticut, by whose 
liberality the expenses of publication have been in part defrayed ; to 
the Connecticut Historical Society, for their encouragement of the 
work ; to the late Town Clerk, Alfred Terry, Esq., and to the Select- 
men of New Haven, for the readiness and courtesy with which tliey 
afforded every facility requested for the accomplishment of the same ; 
to Henry White, Esquire, for many valuable suggestions and other 
important aid, which his very extensive and accurate information 
regarding the early history of New Haven enabled him to fui'nish ; 
to Hon. Francis De Witt, Secretary of the Commonwealth of Mas- 
sachusetts, and to E. B. O'Callaghan, Esq., M. Tf., of Albany, for copies 
of documents remaining in the archives of their respective States ; to 
Ralph D. Smith, Esq., of Guilford, Henry Ondeixlonk, Jr., Esq., of 



INTRODUCTION. Vll 

Jamaica, L. I., and Rev. E. Whitaker, of Southolcl, L. L, and to 
others who in various ways have given the pubHcation their counte- 
nance or assistance. 

To Henry White, Esquire, I am indebted also for the copies and 
abstracts of wills and inventories found, as notes, in this volume. 

Should the present volume meet with sufficient encouragement, the 
editor proposes to continue it, by the publication of the Records of 
New Haven Jurisdiction from May, 1 653, to the union with Connect- 
icut in 1664-5, together with the New Haven code of 1656. 

C. J. H. 

State Library, Hartford, 
April 14, 1857. 



Most of the abbreviations used in this volume require no 
explanation ; the letter m or n with a dash or circumflex over 
it, m or h , was frequently used for the double consonant ; a 
similar mark placed over a vowel indicates the omission of a 
consonant, generally m or n, thus, como, for common ; the 
letter c is used for ti, thus, condicon,for condition ; the letter 
p shows the omission of letters, of which r was generally one, 
thus, pson for person, pp for proper. A caret, ^ , denotes 
a blank in the original record. 



THE NAMES OF ALL THE FREEMEN 



OP THE 



COURTE OF NEWHAYEN. 



[In the hanilwriting of Thomas Fugill.] 



Mr. Theophilus Eaton. 
Mr. John Davenport^ 
Mr. Robt Newman. 
Mr. Math : Gilbert. 
Thomas Fugill. 
John Ponderson 
Jer. Dixon. 
Mr. Nath : Turner 
Mr. Eze : Cheurs 
William Andrewes. 
Mr. Sam: Eaton 
John Clarke 
John Chapman 
Robt Seeley 
Tho : Geffreyes 
Rich Hull 
Tho : Kimberley 
Mr. Tho : Gregson 
John Mosse 
Adam NichoUs 
Abra: Bell 
"William Thorpe 
Mr. Francis Newman 
Andrew Low 
Tho : Mounson 
2 



Mr. ^ Jam^s 

Mr. Geo : Lamberton 

^ Nash 
Mr. Rich : Perry 
' William Peck 
Andrew Hull 
Goodm Shirman 
GoodiTi Gibbs 
Goodm Liu''moore 
Tho Ellsey 
Mr. Joshua Attwater 
Antony Tompson 
Edw Wigglesworth 
John Vincent 
Mr. John Wakeman 
John Benham 
Mr. Stephen Goodyear 
John Potter 
Mr. Jasper Craine 
Andrew Warde 
Francis Bell 
Rich: Miles 
Roger Allen 
Mr. Richard Malbonc 
Wili lues 



Rip: 



10 



NEW HAVEN COLONY RECORDS. 



[1639 



Francis Browne 
John Nash 
Goodma Davis 
Mr. Gibberd 
Goodman Abljott 
Sam: Whitehead 
John Brockett 
Richard Law 
Matliew Camfield 
Tristram Rayncr 



Bro : Lamson 
Captaine Underbill 
Rich : Gildersleeve 
Math: Moulthrop 
^ Goodm : Preston 
"^ Will Tompson 
Hen : Lendall 
Wili Fowler 
Job : Cowper 
^t) Joseph Nash 



NEW HAVEN COLONY RECORDS. 



[In the handwriting of Thomas Fugill.J 

[1] The -Ith day of the 4ti^ moncth called June 1639, all the 
free planters assembled together in a ge[ncral] meetinge* to 
consult about settling ciuill Gouernm^ according to God, 
and about the nominatio of persons thatt might be founde by- 
consent of all fittest in all respects for the foundaco worke of 
a church w[hich] was intend to 1)0 gathered in Quinipieck. 
After solemne invocatio of the name of God in prayer [for] 
the presence and help of his speritt, and grace in those 
weighty businesses, they were reminded of t[he] busmes 
whereabout they mett (viz) for the establishm^ of such ciuill 
order as might be most p[leas]ing vnto God, and for the 
chuseing the fittest men for the foundac(5 worke of a church 
to be gather[ed.] For the better inableing them to discerne 
the minde of God and to agree accordingly concerning the 
establishm^ of ciuill order, Mr. John Davenport propounded 
diuers quaeres to them publiquely praying them to consider 
seriously in the presence and fcare of God the weight of the 
busines they met aljout, and nott to be rash or sleight in glue- 
ing their votes to things they understoodc nott, butt to digest 
fully and throughly whatt should lie propounded to them, 
and without respect to men as they should be satisfied and 
pswaded in their owne mindes to giue their answers in such 
sort as they would be willing they should stand upon recorde 
for posterity. 

This being earnestly passed by Mr. Davenport, Mr. Robt. 

* This meeting took place according to tradition, in a large barn belonging to Mr. 
Newman. Dr. Bacon, Hist. Disc. 20, has shown that it was most probably Robert 
Newman's, and pointed out its location as being near Temple st., between Elm and 
Grove streets. 



12 NEW HAVEN COLONY RECORDS. [1639 

Newman was iiitreated to write in carracters and to read dis- 
tinctly and audibly in the hearing of all the people whatt was 
propounded and accorded on that itt might appeare thatt all 
consented to matters propounded according to words written 
by him. 

QuiER. 1. Whether the Scripturs doe holde forth a perfect 
rule for the directio and gouernm'^ of all men in all duet[ies] 
AV^h they are to performe to God and men as well in the 
gou''mt of famylyes and comonwealths as in matters of the 
clmr. 

This was assented vnto by all, no man dissenting as was 
expressed by holding up of hands. Afterward itt was read 
on"" to them thatt they might see in whatt words their vote 
was expressed : They againe expressed their consent thereto 
by holdeing up their hands, no man dissenting. 
Qu^R. 2. Whereas there was a cou^ solemnly made by the 
whole assembly of freeplanters of this plantatio the first day of 
extraordenary humiliatio w*^h we had after wee came together, 
thatt as in matters thatt concerne the gathering ajid ordering 
of a chur. so likewise in all publique offices W^h concerne 
ciuill order, as choycc of magistrates and officers, makeing 
and repealing of lawes, dcvideing allottmf* of inheritance and 
all things of like nature we would all of vs be ordered by 
those rules w^li the scripture holds forth to vs. This couen^ 
was called a plantatio couen' to distinguish itt fro [a] chur. 
couen* w^h could nott att thatt time be made, a chur. nott 
being then gathered, butt was deferred till a chur. might be 
gathered according to God : Itt was demaunded Avhether all 
the free planters doe holde themselues bound by thatt couen- 
ant in all businesses of thatt nature w^h are expressed in the 
couent to submitt themselves to be ordered liy the rules held 
forth in the scripture. 

This also was assented vnto l)y all, and no man gainesaid 
itt, and they did testcfie the same liy holde [ing] vp their 
hands both when itt was first })ro])Ounded, and confu'med the 
same by holdeing vp their hands when itt was read vnto them 
in publique, John Clarke being absent when the couen' w[as] 
made, doth now manefcst his consent to itt, allso Richard 



1639] NEW HAVEN COLONY RECORDS. 13 

Beach, Andrew Low, Goodm Banister, Ar[thur] Halbidge, 
John Potter, Rob* Hill, John Brockett and John Johnson, 
these persons being nott [ad]mitted planters when the conen* 
was made doth now express their consent to itt. 
QuiER. 3. Those who have desired to be receiued as free 
planters, and are settled in the plantatio w'h a purp[ose,] res- 
olntio and desire thatt they may be admitted into cluir. fellowP 
according to Christ as soone [as] God shall fitt them there- 
vnto : were desired to express itt by holdeing vp of hands : 
Accordingly a [11] did expresse this to be their desire and pur- 
pose by holdeing vp their hands twice, (viz) both att the 
[pro]posall of itt, and after when these written words were 
read vnto them. 

Qu^R. 4. All the free planters were called vpo to expresse 
whether they held themselues bound to esta[blisli] such ciuill 
order as might best conduce to the secureing of the purity 
and peace of the ordina[nces] to themselues and their poster- 
ity according to God. In answ. herevnto they expressed by 
hold[ing] vp their hands twice as before, thatt they held them 
selues bound to establish such [civil order] as might best con- 
duce to the ends aforesaid. 

Then Mr. Davenport declared vnto them by the scripture 
whatt kinde of persons might best be trusted w'^h matters of 
gouerm*, and by sundry argum'^ from scripture proued 
thatt such men as were discrib[ed] in Exod. 18. 2. Deut. 1. 
13, w^h Deut. 17. 15, andl. Cor. 6 : 1 to 7, ought to be in- 
trusted by them, seeing [they] were free to cast themselues 
into thatt mould and forme of comon wealth W^h appeareth 
best for them in referrence to the secureing of the pure and 
peaceable injoymt of all Christ his ordinances [in] the church 
according to God, whercvnto they have Ijound themselues as 
hath beene acknowledged. Having thus said he satt downe, 
praying the company freely to consider whether they would 
haue [it] voted att this time or nott : After some space of 
silence Mr. Theophilus Eaton answered itt mi[ght] ho voted, 
and some others allso spake to the same purpose, none att all 
opposeing itt. Then itt was propounded to vote. 
Qu^R. 5. Whether Free Burgesses shalbe chosen out of chur. 



14 NEW HAVEN COLONY RECORDS. [1639 

members they tliatt arc in the tbuiidat[ioii] worke of tlie 
church l)cing actually free l^urgesses, and to chuse to them- 
selues out of the li[ke] estate of church fellowp and the 
power of chuseing magistrates and officers from among them- 
selues and the power off makeing and repealing lawes accord- 
ing to the worde, and the devideing of inheritances and 
decideing of differences thatt may arise, and all the buisnesses 
of like nature are to be transacted by those free burgesses. 
[2] This was putt to vote and agreed vnto by the lifting vp of 
hands twice as in the former itt was done. Then one man* 
stood vp after the vote was past, and expressing his dissenting 
from the rest in p* yett grantinge 1. That magistrates should 
be men fearing God. 2. Thatt the church is the company 
whence ordenaryly such men may be expected. 3. Thatt 
they that chuse them ought to be men fearing God : onely att 
this he stuck, That free planters ought nott to giue this 
power out of their hands : Another stood vp and answered 
that in this case nothing was done but w^h their consent. 
The former answered thatt all the free planters ought to 
resume this power into their owne hands againe if things were 
nott orderly carryed. Mr. Theopliilus Eaton answered thatt 
in all places they chuse committyes, in like manner the com- 
panyes of London chuse the liuerycs by whom the publiquc 
magistrates arc chosen. In this the rest are not wronged 
because they expect in time to l)e of y liu^y themselues, and 
to haue the same power. Some others intreated the form"" to giue 
his argu-m^s and reasons wherevpO he dissented. He refused to 
doe itt and said they might nott rationally demaund itt, seeing 
he lett the vote passe on freely and did nott speakc till after itt 
was past, because he would nott hinder whatt they agreed upo. 
Then Mr. Davenport, after a short relatio of some form*" pass- 
ages betweene tliem two about this quest, prayed the company 
thatt nothing might be concluded by them in this weighty 
quest, butt whatt themselues were perswaded to be agreeing 
w'h the minde of God and they had heard whatt had beene 
sai^l since the voteing, intreated them againe to consider of itt, 
and putt itt againe to vote as before. — Againe all of them by 

* Probably Rev. Samuel Eaton, see Mather Mag., B. iii, pt. 4, ch. 1. 



1639] NEW HAVEN COLONY RECORDS. 15 

holding vp their hands did shew their consent as before, And 
some of them professed thatt whereas they did waiier before 
they came to the assembly they were now fully convinced thatt 
itt is the minde of God. One of them said that in the morn- 
ing, before he came, reading Deut. 17. 15. he was convinced 
att home, another said thatt he came doubting to the assembly 
butt he blessed God by whatt had beene said he was now fully 
satisfied thatt the choyce of Imrgesses out of chur. members, 
and to intrust those w*li the power l)efore spoken off is accord- 
ing to the minde of God reuealed in the scriptures. All have- 
ing spoken their apprehensions, itt was agreed vpon, and Mr. 
Rob' Newma was desired to write itt as an order wherevnto 
euery one thatt hereafter should be admitted here as planters 
should sul^mitt and testefie the same l3y subscribeing their 
names to the order, namely, that church members onely shall 
be free burgesses, and thatt they onely shall chtise magistrates 
& officers among themselues to liaue the power of transacting 
all the publique ciuill affayrcs of this Plantatio, of makeing 
and repealing lawes, devideing of inheritances,. decideing of 
differences thatt may arise and doeing all things or Imsinesses 
of like nature. 

This being thus settled as a foundamentall agreem^ concern- 
ing ciuill gonernmt. Mr. Davenport proceeded to propound 
some things to consideraco aboute the gathering of a chur. 
And to prevent the blemishing of the first beginnings of the 
chur. worke, Mr. Davenport aduised thatt the names of such 
as were to be admitted might be publiquely propounded, to the 
end thatt they who were most approued might be chosen, for 
the towne being cast into seuerall priuate meetings wherein 
they thatt dwelt nearest together gaue their accounts one to 
another of Gods gracious worke vpon them, and prayed to- 
gether and conferred to their mutuall edifficatio, sundry of 
them had knowledg one of another, and in euery meeting 
some one was more approued of all then any other. For this 
reason, and to prevent scandalls, the whole company was 
intreated to consider whom they found fittest to nominate for 
this worke. 
Quae. 6. "Whether are you all willing and doe agree in this 



16 NEW HAVEN COLONY RECORDS. [1639 

thatt tweliie men be chosen tliatt their fitnesse for the foundaco 
worke may be tried, howeu'' there may Ije more named yett 
itt may be in the"' power who are cliosen to reduce them to 
twehie, and itt be in the power of those twelue to chuse out of 
themselues seauen that shall be most approved of the major 
part to begin the church. 

This was agreed vpo by consent of all as was expressed by 
holdeing vp of hands, and thatt so many as should be thought 
fitt for the foundaco workc of the church shall be propounded 
by the plantatio, and written downe and passe w'hout exceptio 
vnlesse they had giuen publique scandall or offence, yett so as 
in case of publique scandall or offence, eucry one should liauc 
liberty to propound their exceptio att thatt time publiquely 
against any man that should l)e nominated when all their 
names should be writt downe, butt if the offence were priuate, 
thatt mens names might be tendered, so many as were offend- 
ed were intreatcd to deale w'li the offender priuately, and if 
he gaue nott satisfactio, to bring the matter to the twelue 
thatt they might consider of itt impartially and in the feare of 
God. The names of the persons nominated and agreed vpon 
were Mr. Theoph. Eaton, Mr. John Davenport, Mr. Rob*. 
Newman, Mr. Math. Gilbert, Mr. Richard Malbon, Mr. Nath: 
Turner, Eze: Cheu's, Thomas Fugill, John Ponderscn, Wil- 
liam Andrewes, and Jer. Dixon. Noe exceptio was brought 
against any of those in publique, except one about takeing an 
excessiue rate for meale w^h he sould to one of Pequanack in 
his need, w^h he confessed w'h griefe and declared thatt 
haueing beene smitten in heart and troubled in his conscience, 
he restored such a part of the price back againe w4i confessio 
of his sin to the party as he thought himselfe bound to doe. 
And itt being feared thatt the report of the sin was heard far- 
ther th[an] the report of his satisfactio, a course was conclu- 
ded on to make the satisfactio known to as many as heard of 
the sinn. Itt was also agreed vpo att the said meeting thatt 
if the persons aboue named did fmde themselues straitened in 
the number of fitt men for the seauen, thatt itt should be free 
for them to take into tryal of fittnes such other as they should 
thinkc mccte, prouidcd thatt itt should be signified to the 



1639] 



NEW HAVEN COLONY RECORDS, 



17 



towiie vpoii the Lords day who they so take in, thatt eury 
man may be satisfied of them according to the course formerly 
taken. 



[3] Whereas there was a foundamentall agreem' made in a 
generall meeting of all the fr.8e planters of this towne, on the 
4"' of the fowerth moneth called June, namely thatt church 
members onely shall be free burgesses, and they onely shall 
chuse among them selues magistrates and officers to ha[vc] 
the power of transacting all publique ciuill affayres of this 
plantatio, of makeing and repeali[ng] lawes, devideing inherrit- 
ances, decideing of differences thatt may arise, and doeing all 
things and businesses of like nature. Itt was therefore order- 
ed by all the said free planters thatt all those thatt hereafter 
should be receiued as planters into this plantatio should allso 
submitt to the said foundamentall agreem*, and testifie the 
same by subscribeing their names vnder the names of the 
aforesaid planters as folio we th. 



Mr Theoph Eaton John Cooper 
Mr John Davenport Jarvis Boykin 



' Mr Sam: Eaton 
Mr Robt Newma 
Mr Math Gilbert 

' Mr Nath Turner 
Mr Rich. Malbon 
Mr Browninge 
Mr Line-e 



'John Chapman 
Tho: Kimberley 
John Benham 
Mr Wilkes 

'Tho: Jeffreyes 

-Robt. Seely 
Nicholas Elsey 



Mr William Touttle John Budd 



Mr Cheeuers 

Mr Perry 

Mr Craine 

Mr Fran : Newm 

Mr Tho: Yale 
•Tho: Fugill 
(William Andrewes 

Richard Beckley 



•Rich. Hull 
Will Preston 
John Brockett 
Jer Dixon 
Robt. Hill 
Andrew Low 
Will Thorpe 
John Ponderson 



John Johnson 
Edward Wiggleworth 
'John Clarke 
Sam. Whitehead 
John Potter 
Arther HaDMdge 
Edward Banister 
Wiii Potter 
John Mosse 
John Charles 
Richard Beach 
Tymothy Forde 
John Reader 
John Cogswell 
Mathew Hitchcock 
Francis Hall 
Richard Osborne 
James Clarke 



18 



NEW HAVEN COLONY RECORDS. 



[1639 



Andrew Hull 
Edward Patteson 
Will Eiies 



Geo: Smith Andr. Messenger 

John Peacock Geo: Warde 

Mathew Moulthrop Lawrence Warde 



[The following 



Stephen Goodyearc 
Thomas Gregson 
Thomas Nasli 
William Jeancs 
Jno Evance 
Thomas Mnnson 
John Liuermorc 
Jeremy Whetnell 
Luke Atkinson 
Thomas Morris 
William Russill 
Beniamin Willmott 
Thomas Powell 
James Russell 
Peter Browne 

his 
John I Tompson 

marke 
Abraham 3 Bell 
John g| Vincent 
Tho: I— <1 Mitchell 
John -j- Walker 
Beniamin Pawle 
Will W Gibbins 
John Hall 
Richard ^lerriman 
Edw S Chipperfield 
Steuen Metcalfe 
William Gibbard 



are autograph signatures. ] 

Ralph Dayghton 
William Peckke 
Antliony Tompson 
Christ. C3t Todd 
John Gibbes 
John Nash 
Adam A Nicholls 
Tho 8 Beamont 
Josna Atwater 
Thomas Osborne 
Jolm Wakeman 
William W Davis 
Francis "N Browne 
Robert Pigg 
Xatli Merriman 
Roger Ailing 
Plenry h Peck 
Marke Pierce 
Theophilus Higginson 
Dauid Atwater 
Mathew Camfeld 



1639] NEW HAVEN COLOi:^Y RECORDS. 19 

[In the handwriting of Francis Newman.] 
FREE MANS CHARGE 

[4] Yow shall neither plott, practise nor consent to any evill 
or hurt against this Jurisdiction, or any pte of it, or against 
the civill gouerment here estalilished. And if you shall know 
any pson, or psons w^h intend, plott, or conspire any thing w^h 
tends to the hurt or prejudice of the same, yow shall timely 
discouer the same to lawfull aiithority here established, and 
yow shall assist and bee helpfull in all the affaires of the Juris- 
diction, and by all meanes shall promove the publique wellfare 
of the same, according to yo»" place, ability, and gpptunity, yow 
shall give due lionno'" to the lawfull magisia:€ts, and shall be 
obedient and subject to all the wholesome lawes and ordores, 
allready made, or w^h shall be hereafter made, by lawfull au- 
thority afforesaid. And that both in yo'" p'^on and estate : and 
when yow shall he duely called to give yo'' vote or suffrage in 
any election, or touching any other matter, vv^h concernetli 
this common wealth, yow shall give it as in yoi" conscience yow 
shall judg may conduce to the best good of the same. 



20 NEW HAVEN COLONY RECORDS. [1639 

[In the handwriting of Thomas Fugill.] 

[5] October 25th 1639. 

The Court being settled according to the foundaracntall 
agrecmt made the 4th ^j.^y of June 1639, consisting of those 
seauen onely who were in the foundaco of the church, namely 
Mr. Theoph. Eaton, Mr, John Davenport, Mr. Robt. Newman 
Mr. Math Gibbert,* Tho. Fugi[ll], John Ponderson, and 
Jerimy Dixon,f after solemne prayer vnto God did pceede as 
folio weth. 

First all former power or trust for mannaging any publique 
affayres in this plantatio, into whose hands soeu'' formerly 
comitted, was now abrogated and from hehceforeward vtterly 
to cease. 

Secondly all those thatt have l)ecne receiued into the 
fellowPP of this church since the gathering of itt, or Avho 
being members of other approved church esoffered themselues, 
were admitted as members of this court. Namely Mr. Na- 
thaniell Turner, Will Andrewes and Mr. Cheeufs, members of 
this church, Mr. Sam: Eaton, John Clark, Leiuetennant Seely 
John Chapman, Thomas Jeffreyes and Rich: Hull, members 
of other approued churches. 

And this charge was giuen and accepted by them. If you 
shall know any person or persons w^h intend, plott, or con- 
spire any thing w^h tends to the hurt or prejudice of this Juris- 
diction, or the ciuill gournment here settled, you shall forthw^h 
discouer itt to the magistrates, or to one or more of the Depu- 
ties who slialbc chosen and intrusted in the publique occa- 
sions of the same, you shall assist and l)e help full there vnto 
w^h body, mindc and goods, in any thing w^h may concerne 
the safety or promove the peace and welfare thereof, as God 
shall giue abillity and opportunity. And you shall be subject 

• An error in the recorder for Gilbert. 

t "It appears tliat the churches of New Haven and Milford were gatliered to the 
seven pillars on the 22d of August, 1G39. The tradition is that soon after Mr. Daven- 
port was chosen pastor of the church at New Haven, and that Mr. Hoolwr and Mr. 
Stone came and assisted in his installation." Tnunb. I. 298. Mather, (Mag. B. iii. 
ch. 6,) says that they were gathered in two days, one following upon the other, Mr. 
Davenport's and Mr. Pruddeus, and alludes to the place as being a mighty barn. 



1639] NEW HAVEN COLONY RECORDS. 21 

to all lawes and orders w^h according to God shall be made 
by the court, to the vttmost of yo"^ power. 

This being done, the court proceeded to the clioyce of a 
magistrate and 4 deputye[s] to assist in the publique affayres 
of the plantatio, Mr. Davenport first opening 2 scriptures (viz) 
Deut. 1. 13. and Exod. 18, 21. wherein a magistrate according 
to Gods minde is discribed. And Mr. Theoph : Eaton, a mem- 
ber of this church, a man well known and approved by the 
court as fittly quallihcd for thatt office according to the said 
discriptio, was by full consent chosen magistrate for the 
tearme of one whole yeare. And Mr. Davenport gaue him 
his charge grounded vpon Deut. 1. 16, 17. And Mr. Robert 
Newman, Mr. Mathew Gilbert, Mr. Nathainell Turner and 
Tho. Fugill was chosen deputycs to assist the magistrate in all 
courts called by him for the occasions of the plantatio for the 
same tearme of one whole yeare a[nd] receiued their charge 
faithfully to assist according to the trust comittcd to th[em.] 

Tho. Fugill was chosen publique notary, to attend the court 
and from time to time to ke[ep] a faithfull recorde of all pas- 
sages and conclusions of the court, and of whatsoeu[er] else 
then or att other times shall by the court or magistrate be 
comittcd to him concerning the ciuill publique occasions of the 
Plantation. 

Robt. Seely was chosen marshall, his imploym^ and charge 
from time to time to warne courts according to the directi(5 of 
the magistrate, to serue and execute warrants, to attend the 
court att all times, and to be ready and dilligent in his person 
or by his deputy to execute the sentences of the court, and in 
all other occasion to attend the service of the plantatio in all 
things apptaining to his office. 

Itt was further agreed thatt there should l)e a renewing of 
the choyce of all offi[cers] euery yeare att a Generall Court to 
be held for this plantatio the last weeke in October yearely. 
And thatt the worde of God shall be the onely rule to be 
attended vnto in ordering the affayres of gouernment in this 
plantatio. 



22 NEW HAVEN COLONY RECORDS. [1639 

[6] Octob: 26: 1639. 

The ciuill affayres of the plaiitatio l)eing settled as before, 
by the puidence of God an Indian called Messutunck, alias 
Nepaupuck, who had beene formerly accused to have murder- 
ously shed the bloodc of some of the English ; of his ownc ac- 
corde w'h a deer's head vpon his back came to Mr. Batons, 
where, by warrant the marshall apprehended and pinioned 
him, yett nottw^hstanding by the subtillty and treachery of 
another Indian his companio, he had allmost made an escape, 
butt])y the same providence he was againe taken and deliu'ed 
into the magistrates power, and by his order safely kept in the 
stocks till he might be Ijrought to a due tryall. And the In- 
dian who had attempted his escape was whipped by the mar- 
shall his deputy. 



OcTO: 28: 1639. 

The Quillipieck Indian Sagamour w^i diui's of his Indians 
w*li him were examined before the the magistrate and the 
deputyes for this plantatio concerning Nepaupuck. They 
generally accused him to haue murdered one or more of the 
English, and thatt he had cutt of some of their hands & had 
presented them to Sassacuse the Pequott sachem, boasting 
thatt he had killed them wUi his owne hands. 

Mewhebato a Quillipieck Indian, kinsman to the aforesaid 
Nepaupuck, comeing att the same time to intcrceed for him, 
was examined whatt he knew concerning the murders charged 
vpon the said Nepaupuck ; att first he pretended ignorance, 
butt w*h a distracted countenance, and in a trembling manner; 
being admonished to speake the truth he did acknowledge him 
guilty according to the charge the other Indians had before 
made. 

All the other Indians w^hdrawing, Nepaupuck was brought 
in and examined, he confessed that Nepaupuck was guilty ac- 
cording to the tennure of the form'' charge, butt dcnyed thatt 
he was Nepaupuck-. Mewhebato being brought in, after some 
signes of sorrow, charged him to his face thatt he had assisted 
the Pequotts in murdering the English, this somewhatt abated 



1639] NEW HAVEN COLONY RECOEDS. 23 

his speritt and boldenesse ; butt Wattoone the soime of Carra- 
hoode a councello'' to the Quillipieck Indian sagamoiir come- 
ing in, charged him more perticularly tliatt he had killed 
Abraham Finch an English man att Weathersfield and thatt 
he himselfe, the said Wattoone, stood vpon the island att 
Weathersfield and beheld him the said Nepaupuck now pres- 
ent acting the said murder. 

Lastly the Quillipieck sagamoi* and the rest of the Indians 
being called in, to his face affirmed thatt he was Nepaupuck, 
and thatt he had murdered one or more of the English as 
before. 

Nepaupuck being by the concurrence of testimony con- 
vinced, he confessed he was the man namely Nepaupuck, and 
boasted he was a great captaine, had murdered Abraham 
Finch, and had his hands in other English blood, he said he 
knew he must dye, and was nott afraid of itt, butt layd his 
neck to the matletree of the chimney, desireing thatt his head 
might be cutt of, or thatt he might dye in any other manner 
the English should appoynt, onely he said fire was God, and 
God was angry w'h him, therefore he would nott fall into his 
hands. After this he was retourned to the stocks and as 
before a watch appoynted for his safe custody. 



A Generall Court 29 : op Octob : 1639 ; 

A Generall Court being assembled to proceed against the 
said Indian Nepaupuck who was then brought to the Imrre, 
and being examined as before, att the first he denyed thatt he 
was thatt Nepaupuck w^h had comitted those murders 
wherew'h he was charged, butt when he see that the Quilli- 
peck Sagamour and his Indians did againe accuse him to his 
face, he confessed thatt he had his hand in the murder of Abra- 
ham Finch, butt yett he said there was a Mohauke of thatt 
name thatt had killed more then hee. 

Wattoone affirmed to his face thatt he, the said Nepaupuck, 
did nott onely kill Abraham Finch, butt was one of them thatt 
killed the 3 men in the boate or shallop ou Connectecutt riuer, 



24 NEW HAVEN COLONY RECORDS. [1639 

and tliatt there was but one Nepaupuck and this was he, and 
the same thatttooke a chihle of Mr. Swaines att "Wcathersfield. 
Then the said Nepaupuck being asked if he wouklnott confess 
y^ he deserved to dye, he answered, it is weregin. 

The Court haue had such pregnant proofe, proceeded to 
pass sentence vpon him according to the nature of tlie fact 
and the rule in thatt case, he thatt sheds mans blood, by man 
shall his blood be shed, accordingly his head was cutt off the 
next day and pittched vpon a pole in the markett place. 



[7] A Court holden the 3*^ of Nouember 1639. 

Thomas Kimbcrley was admitted member of the court and 
recived his charge. 

Itt is ordered that Mr. Samuell Eaton, Captaine Turner, Rob* 
Newman and Thomas Fugill shall treate wUi the Hartforde- 
shire men about their lotts, to see if they will part v^^h them 
and vpon what tcarmes. 

Itt is ordered thatt gates shalbe made att the end of every 
streete att the outside of the Towne, wUi all the outside fences. 
Mr. Eaton shall appoynt the men to doe itt. 

Itt is ordered thatt Mr. Hopkins shall have two hogsheads 
of lime for his present vse, and as much more as will finnish 
his house as he now intends itt, he thinking that two hogs- 
heads more will serve. 

Itt is ordered that Mr. Gilbert and Goodman Andrewes shall 
veiwe the creeke by the landing place, to see if lotts may be 
layd out there w^hout prejudice to y^ towne. 

Itt is ordered thatt Mr. Eaton, Mr. Sam: Eaton, Captaine 
Turner, Rol)^ Newmfi, Mathew Gilbert, Thomas Fugill and 
Goodman Andwewes shall advise together about laying out 
allottments for inherritance. 

Itt is ordered thatt Mr. James shall have Francis Parrotts 
lott. 

Thomas Badger being accused vpon suspitio of stealing 
mony fro Edward Cox, boatswaine of the Exetof marchant, 
was referred to further proofe. 



1639] NEW HAVEN COLONY RECORDS. 25 

A Gen^'i Court the 25 op Nouember 1639. 

Itt is ordered that after this day no man shall cntt any tim- 
ber downe butt where he shall be assigned by the magistrate, 
except on his owne ground. 

Itt is ordered thatt Leivetennant Seeley and Goodm An- 
dwewes shall walke the woods, and if they finde any timber 
lyeing in the woods vncroscutt and squared, and acquaint the 
magistrate therewth, they shall have liberty to seiz vpon it, 
halfe for themselves, and halfe for the towne, the Yorkshire 
mens timber onely excepted : that timber w^h is squared and 
crosscutt, time is given till the last of March next to fetch it 
home. 

Itt is ordered that a meeting house shall be built forthw^^h, 
fifty foote square, and that the carpenters shall fall timber 
where they can finde it till allotm^s be layd out and men 
know their owne proprietyes. 

Itt is ordered that Mr. Gregson <fe Mr. Evance shall have 
fower dayes liberty after this day to square their timber before 
the former order take holde of them. 

Whereas the building of the meeting house will cost 500' 
w^h will require a rate of 30^* in every hundred pounds, itt is 
therefore ordered thatt the said rate shall be estreeted and 
payd att 3 severall payments (viz.) the first forthw^h, the sec- 
ond in March next, and the third in May next after, and w'h 
this every one that are behinde with the form' rate of 25^ vpon 
every hundred ' are now to pay itt allso. 

Itt is ordered thatt Mr. Eaton, Mr. Davenport, Rob^ New- 
man, Mathew Gilbert, Captaine Turner and Thomas Fugill 
shall from hence forward have the disposeing of all the house 
lotts yett vndisposed of about this towne, to such persons as 
they shall judge meete for the good of the plantatio, and thatt 
none shall come to dwell as planters here w^hout their consent 
and allowance, whether they come in by purchase or other- 
wise. 

Itt is ordered thatt every one that beares amies shall be 
compleatly furnished w*h amies (viz,), a muskett, a sworde, 
bandaleers, a rest, a pound of powder, 20 bullets fitted to 
4 



26 NEW HAVEN COLONY RECORDS. [1639 

their muskett, or 4 pound of pistoll sbott or swan shott att 
least, and be ready to show them in the markett place vpon 
Munday the 16tii of this Moneth before Captaine Turner and 
Leivtennant Seely vnder the penalty 20-^ fine for eu^j default 
or absen [cc] . 

[8] A Court holden 4th qp December 

1639. 

Itt is ordered that Thomas Saule shall agree w^h Goodma 
Spinnage before the next court, or else the court will deter- 
mine the difference betweene them. 

Roger Duhurst and James Stewart are injoined to make 
double restitutio to John Cockerill for five pound and seaven- 
teene shillings w^h they stole out of his chist on the Lords day 
in the meeting time, and they being servants to the said Cock- 
erell, for w'^h aggravatio they were whipped allso. 

Thomas Manchester, servant to Mr. Perry being accused by 
his Ma^" for being druncke, and for giveing his Ma"" vncomely 
language for w^h his Ma"" having given him some correctio, 
the court (onely) caused him to be sett in the stocks for a 
certaine time. 

Nicholas Tanner, servant to the said Mr. Perry, for drunken- 
nes and abuseing his Ma"" in wordes, was whipped. 



A Generall Court the 4*^ of Jan : 
1639. 

Itt is agreed by the towne and accordingly ordered by the 
court thatt the Neck shall be planted or sowen for the tearme 
of seaven yeares, and that John Brockett shall goe about lay- 
ing it out forth w^h, and all differences betwixt pty and pty 
aboute ground formerly liroke vp and planted by English there 
shall be arbitrated ])y indifferent men wh sliall l)e chosen to 
that end. 

Itt is ordered thatt Mr. Davenports quarter, Mr. Eatons, 
Mr. Newmans and Mr Tenches quarters shall have their first 



1639] NEW HAVEN COLONY RECORDS. 27 

divisio of upland to begin att the sea side after the small lotts 
are layd out, and so goe on to the cow pasture, and to have 
their meaddow in the east meaddowes. And Mr. Evance 
quarter, Mr. Fowlers, Mr. Gregsons, Mr. Lambertons and the 
subburbs, are to begin w'h their lands att the oyster poynt, 
and so come on to the oxe pasture in order, and to have tbeir 
meaddow in the west meadowes, in the meadowes called Mr. 
Malbon meadow, on the Indian side, and in the sollitary cove. 
Allso that the cow pasture shall begin on the hither side of 
the Beever ponds, and the oxe pasture on the farre side of the 
Bever pond, and the way to them both to begin att Mr. Ten- 
ches corner. 

Itt is ordered thatt no planter or planters shall make pur- 
chase of any lands or plantatio fro the Inrlians or others for 
their owne private vse or advantage, butt in the name & for 
the vse of the whole plantatio. 

Itt is ordered that some speedy course shall be taken to 
keepe hogs out of the neck. 

It is ordered thatt a convenient way to the hay place be left 
como for all the towne. 

Itt is ordered thatt no cattell belonging to this towne shall 
goe w^hout a keeper after the first of May next. 

Itt is ordered thatt those thatt kill wolves and foxes shall 
have for every wolfe head 15^ and for every foxe head 2^ 6^, 
and if any by setting guns or traps shall hap to kill any hogs 
or other cattell, the towne is to beare the damage till some 
other course be determined. 

Memorand. Itt is agreed that Mr. Evance quarter shall 
have their meadow in the East meadowes. 

Itt was agreed that every planter in the towne shall have a 
proportio of land according to the proportio of estate w^h he 
hath given in, and number of heads in his famyly, (viz) in the 
first divisio of upland & meadow 5 acres for every hundred 
pound, [an]d 5 acres for every two heads, of upland, butt 
halfe an acre of meadow to a head [and] in the necke an acre 
to every hundred pound, and halfe an acre to every head. 



28 NEW HAVEN COLONY RECORDS. [1639 

[9] A Court holden the 5^^" of Febr. 

1639. 

Itt is ordered by the court, tliatt Mr. Malbon and John 
Reader, and whosoever else hath any thing to doe w^h the estate 
of William Thorpe, late deceased, shall appeare att the next 
court for the settleing of tliatt busines. 

Itt is ordered thatt brother Turner shall see a true inven- 
tory taken of M^^ Higginsons* goods, thatt itt may be given 
into the court upon oath. 

Itt is ordered tliatt Thomas Saule shall pay 5^ in the weeke 
to Mr. Evaiice, to lye in his hands (for the securing of Good- 
man Spin age in respect of his clame to the said Tho: Saule) 
and thereupon Mr. Evance doth hereby ingage himselfe for the 
said mony vntill the said Thomas Saule shall neglect to pay 
the said inony according to ord=. 

Itt is ordered thatt In'other Andrewes, bro : Kimberley, 
William Eves and Sergeant Beckley shall assist Mr. Ling to 
ripen Goodman Taps busines against the next court, concern- 
ing his demaund of certaine monyes W^li he disbursed for 
bringing cattell from the J>ay, appertayning to divers persons. 

Itt is ordered that bro : Andrewes shall detaine somuch of 
Rob* Campian his wages in his hands as may secure a debt of 
31 w^h Mr. Mouleno'' demaunds of the said Rob^. 

Itt is ordered thatt Mr. Mouleno"" shall pay to Mr. Perry 10^ 
w«=h he owes to him. 

Itt is ordered tliatt Mr. Wilks shall pay 5 bushells and a halfe 
of iiidian come to Thomas Buckingham for corne destroyed 
by Mr. Wilks his hogs. 

Isaiah, Captaine Turners man, lined 5* for being druncke on 
the Lords day. 

William Bromfield, Mr. Malbonsman, wrs sett in the stocks 
for prophaining the Lords day and stealmg wine from his Ma"" 
w<=h he drunk and gave to others. 

Ellice, Mr. Batons boy, was whipped for stealing a sow and 
a goate fro his Ma"" and selling them. 

David Anderson, was whipped for being drunke. 



* Widow of Rev. Francis Higginson. For an account of his life see Mather, JIag. iii, 
p. 12, eh. 1, and Gen. Reg. 6, 105. She may have been a relative, perhaps sister, of 
Governor Eaton. 



1639] NEW HAVEN COLONY RECOEDS. 29 

John Jenner accused for being drunke w^h strong waters was 
acquitted, itt appearing to be of infirmyty & occasioned by the 
extremyty of the colde. 

Mr. Mouleno'', accused of being drunke, butt nott clearely 
proved, was respited. 

Peter Browne licenced to bake to sell, so long as he gives no 
offence in itt justly. 



A Generall Court the 18 of Feb: 
1639. 

Mr. Gregson and John Mosse were admitted members of the 
court. 

John Charles was forbiden to draw wine because there hath 
beene much disorder by itt. 

Goodman Loue was whipped and sent out of the plantatio, 
being nott onely a disorderly person himselfe, butt an incour- 
ager of others to disorderly drinking meetings. 

George Spencer being prophaine and disorderly in his whole 
conversatio and an abettor of others to sin, and drawing on 
others into a conspericie to carry away the Cock* to Virgenia 
was whipped and sent out of the plantatio. 

John Proute, Hen: Brasier and Will Bromfield was whip- 
ped for joyning in the aforesaid conspericie, and the said Hen : 
and William were ordered to weare irons dureing the magis- 
trats pleasure. 



[10] 25th OF Feb : 1639. 

Mrs. Higgingson, late planter of Quillipieck dyeing w'hout 
makeing her will, & leaveing bchinde her eight children, an 
inventory of her estate being taken, the court disposed of her 
estate and children as followeth w^h the consent and approba- 
tio of Mr. John Higginson her eldest sonne.f 

* The name of a small vessel. 

t Rev. John Higginsou was born m England Aug. 6, 1616. Some time after the 
death of his father with Avhom he came to this country m 1629, he was the instructor 
of a school at Hartford, his mother with six of her children being somewhat depend- 
ent upon his exertions for her support ; after this he was chaplain at Saybrook fort 



30 NEW HAVEN COLONY EECOEDS. [1639 

The said John Higginson, the charges of his ediicatio con- 
sidered, is onely to have his fathers books, together w^h the 
value of 51 in bedding for his porco. 

Francis Higginson the second sonne and Tymothy the third 
Sonne, their educatio allso considered, are to have each of them 
twenty pounds for their portions. 

Theophilus Higginson though well educated, yett in regard 
of his helpfullnes to his mother and her estate, is to have forty 
pounds for his portio. 

Samuell Higginson is allso to have 40^ for his portio, and to 
be w^h Mr. Eaton as his servant for the full tearme of 2 yeares 
from the first of March next ensueing. 

Theophilus and Samuell are to have the lott w^h all the 
accommodation belonging therevnto, equally to be devided 
betwixt the, for fifty pounds of their portio^. 

Anne Higginson her daughter, is to have forty pounds for 
her portio and her mothers olde clothes, together w*h the 
remainder of the estate when the debts and other portions are 
payd. 

Charles Higginson is to have 40' to his portio, and to be w^h 
Thomas Fugill as his apprentice vnto the full end and tearme 
of nine yeares from the first of March next ensueing the date 
hereof. And the said Tho : Fugill is to finde him what is con- 
venient for him as a servant, and to keepe him att schoole one 
yeare, or else to advantage him as much in his educatio as a 
years learning comes to, and he is to have the benifitt of the 
vse of his portio till the said tearme be expired, and att the 
end thereof to pay itt to the said Charles Higginson, if he live 
till the said nine years be expired, butt if he dye before, then 
the said Thomas Fugill is to pay the said portio to the rest of 
his brotlicrs thatt are alive att the end of the said nine yeares. 

Neophitus Higginson being w*li Mr. Hoife in the Bay of 
Mattacusctts, is to remaine w'h him and to be brought vp by 
him till he attayne the full age of 21 yeares, and in the meane 
time, Mr. Hough is to have 40' of the estate, w^h he is to pay 

several years. In 1641 he went to Guilford and became assistant to Mr. Whitfield 
whose daughter he married. He was chosen one of the seven pillars there in 1643. 
He left Guilford in 1659. Allen, etc. 



1640] NEW HAVEN COLONY RECORDS. 31 

to the said Neofatiis att the end of the said tearme as his 
portio. 

When the farme att Sawgus is sould itt is to be equally 
devided amono; the brothers. 



Att a Court held the S^h op March 1639 : 

Whereas a will was made by Nathaniell Axtell the 27*^'' of 
Jan : 1639*, before his goeing into olde England, and left in 
the hands of Goodman Miles for the disposeing of his estate 
w^h he left allso in the hands of the said Richard Miles, and 
he being now departed this life, It is ordered by the court 
thatt a true inventory of all his goods in this place be taken 
by Captaine Turner and Goodma Miles, till further course be 
taken about them, 

Itt was ordered that Mr, Gregson and Mr. Gilbert should 
prize the goods of George Spencer. 

Itt was ordered that Mr. Johnson shall have the cellar that 
Thomas Welch lived in to make a warehouse off, onely to lay 
goods in itt while he hath neede of itt for that vse, and then 
liberty to sell itt (as itt shall be judged), to some planter w'h 
the consent of the court not claymeing any propriety in the 
ground as inherritance. 

Mr. Lambertons man. Hen, Brasier,was freed fro his chaines 
fro hence forward. Will Bromfield and Tho : Manchesf are 
to weare theirs a weeke longer. 



[11] A Court holden the 3*1 op Aprill 1640, 

Itt is ordered thatt Mr. Fowler, John Cockerill and Leive- 
tenant Seeley shall prize the goods of Tho : Ashby and Tho : 
Johnson who were lately drowned. 

Itt is ordered that John Reader in whose hands William 
Thorps goods was left, shall have them forth comeing so as to 



* The will is not preserved, but Dr. Bacon perhaps overlooked this record when he 
conjectured Edward Tench's will to have been the first made in New Haven. Hist. 
Disc. 327. 



32 NEW HAVEN COLONY EECORDS. [1640 

give a good accoumpt of them att the next court, or when 
he shall be called, tliatt those to whom he was ingaged may be 
satisfied. 

Itt is ordered thatt brother AndreWes and brother Mounson 
shall veiw the grounds of difference betwixt Mr. Malbon and 
Thomas Mouleno'" the elder, and acqu.aint Mr. Turner, Mr. 
Gilbert, Mr. Lamberton and Thomas Fugill w^h the same, who 
are desired to end the same if they can, or else to certyfye 
where the impediment lyes. 

Itt is ordered thatt Mr. Malbon and Goodman Potter shall 
equally share in the losse of 24^ due vnto them fro George 
Spencer, because there is not sufficient to satisfy them both to 
the full. 

Itt is ordered that Artlier Halbidge shall pay 40« fine for 
falling trees and selling clapboard, contrary to the orders in 
that case. 

Itt is ordered thatt the mony left (in the hands of Mr. 
Browning) l)y John Dyer, shall be reserved to secure a debtt 
and satisfie the demands of bro : Andrewes. 

Itt is ordered thatt the gates att the ends of the neck bridge, 
and the way to itt be made convenient forthw^h. 

Itt is ordered thatt John Mosse, Tymothy Forde and Richard 
Beach shall pay each of them 1^ fine for trees wh they did 
fall disorderly. 

Hen : Akerlye was rebuked for building a cellar and selling 
itt w'hout leave. 

Itt is ordered that all the trained band shalbe in the mar- 
kett place the 3'^ day next weeke by 7 a clock in the morning 
w^h their amies compleat. 



A Court holden the 6* of May 1640. 

Itt was ordered thatt Mr. Fowler and John Cockerill shall 
have the goods of the 2 men thatt was drowned, to satisfie 
their debt so far as itt will goe ; pvided, thatt if any other 
shall lay just clame to the said goods, then they are to be 



1640] NEW HAVEN COLONY RECORDS. 33 

equally devided among the credeto^'s according to their pro- 
portio. 

Itt is ordered thatt a measurer shall be appoynted to meas- 
ure all the corne thatt comes into the plantatio to be solde, 
and for that end a role shall be made to strike the bushell w4i. 

Liberty granted to Mr. Gregson, bro : Andrewes and Goodm 
Warde to lett their timber lye in the woods for the space of 2 
moneths w'^hout forfeiture. 

An account deliu^ed into the court by Mr. Lamberton be- 
twixt himselfe and Goodm Spencer whom he imployed as his 
steward att sea in his voyage hitlier, for w^h service he allows 
him 51 IQs for the whole voyage, butt whereas he dyed before 
he had served halfe the voyage, he desired that Roger Allen 
who suc-ceeded him should have the one halfe of the hyer, 
and promised that if more wages were ordenaryly allowed in 
that place for thatt voyage, he will allow as much to the said 
Goodma Spencer, and wthall that he will he ready att any 
time to make oath of the truth of that account w'^h he had 
given in, w*h w'^h Mr. Fowler, and Goodma Tapps were satis- 
fied, (who were intrusted for the child of the said Spencer late 
desceased.) 



[12] A Court holden the third op June 1640. 

Gen'-ii. 

All the Ma's of the watches received their charge and 
orders as followeth, 

1. The drumm'' is to beat the drum att the goeing downe 
of the sunne. 

2 The Mat" of the watch is to be att the court of guarde 
w^hin halfe an hower after the setting of the sun wUi his 
armes compleate. 

3 All the watchmen are to be there w'^hin an hower after 
the setting of the sun, w^h their amies compleate, and their 
guns ready cliarged, and if any of them come after the time 
appoynted, or be defective in their armes, they are to pay 1« 
fine, for totall absence 5^ fine. And if the Ma^ of the watch 
transgresse, either in late comeing, defectivenes in armes or 

5 



34 NEW HAVEN COLONY RECORDS. [1640 

totall absence, his fine is to be double to the watchmens 
fine in like case, 

4 The Mr of the watch is to sett the watch an hower after 
sunsett, devideing the night into 3 watches, sending forth two 
and two together to walke their tunics, as well w^hout the 
towne as w^hin the towne and the subvrbs allso, and to bring 
to the court of guard any person or persons whom they shall 
finde disorderly or in a suspitious manner wUiin dores or w^r 
out, w^her English or or Indians, or any other straingers what- 
soeu"" and keepe them there safe untill the morning, and then 
bring them before one of the magistrates. 

If the watchmen in any part of their watch see any appar- 
ent comon danger w^li they cannott otherwise prevent or stop, 
then they are to make an alaru by discharging their two guns 
w^h are to be answered by him thatt stands att the dore to 
keepe sentinell, and that allso seconded by beating of the dru. 
And if the danger be by fire, then with tlie alaru the watchm 
are to cry fire, fire. And if itt be by the discovery of an 
enemy, then they are to cry arme, arme, all the towne ou^, 
yett so as to leave a guard att the court of guard. 

5. Tlie Ma"" is to take care that one man alwayes stand sen- 
tinell in a sentinell posture wthoutthe watch house to hearken 
dilligently after the watchmen, and see that no man come 
iieare the watch house or court of guardc ; no, not those of the 
p'"sent watch who have beene walking the round, but that he 
require them to stand and call forth the Ma^of the watch to 
questio, proceed or receive them as he shall see cause. The 
Ma"" of the watch is allso to see that none of the watchmen 
sleepe att all, and thatt none of their guns remaiiie vncharged 
till the watch breake up (and then they may discharge), and 
allso that no man lay aside his armes while the watch con- 
tinues. 

6. Every M"" of the watch in his course, is to warne both 
his owne watch and the M^ of the succeeding watch, fower and 
twenty liowers before they are to watch, and not to doe itt 
sleightly, butt either to warne the psons themselves, or to 
leave the warning w^h some sufficient for such a trust. 

Lastly, if any Ma"" of the watch shall faile either in the 



1640] NEW HAVEN COLONY RECORDS. 35 

warning or ordering of the watch in any of the forcnamed 
pticnlars, or shall breake vp the watch in the morning before 
itt have beene full halfe an hower day light, or neglect to com- 
plaine to one of the magistrates of the neglects or defects of 
any of the watchmen, he is to be fined by the court according 
to the quallity of his offence. 

Edward Bannister, for his contempt of the court, and therein 
the ordinance of God, was fined twenty shillings. 

Edward Woodcliff for slaundering his Ma's wife was whipped 
seveerly and sent out of the plantatio, being a pestilent fellow, 
and a corrupter of others. 

Nathaniell Axtell his will, and inventory of his goods dcliu- 
ered into the court. 



[13] A Generall Court helde the llti> of June 1640. 

Mr. James, Adam Nicholls, Abraham Bell, Francis New- 
man, Andrew Low and Thomas Mounson was made freemen, 
and admitted members of the court, and accepted the charge 
of freemen. 

Itt was ordered thatt comodityes well bought in England 
for ready mony, shall nott be soldo here above 3'^ in the shil- 
ling for proffitt and adventure above what they cost w'h 
charges, when soldo by retayle, when soldo by the peece or 
vessell by wholesaile, lesse proffitt may suffize. 

When bought from ships or other vessells here, not above 
30 b* in the shilling by retale, nor above a peny in the shilling 
by wholesaile. Butt comodityes of a perishing na'', subject to 
waste and damage, fall not vnder the former rates, yet the 
rates to be so ordered that neither buyer nor seller suffer in 
the rates. 

Comodityes bought and brought fro the Bay, Connectccutt, 
Virgenia or other places, to be in proportio moderated in the 
prises, according to the adventures and nature of the com. 
odityes. 



* " Obolus is now iisually taken to signify our half penny ; but in old time it signi- 
fied the half noble; the nol)le was then called penny, and its quarter a farthinp;." 
Bailey's Diet. 



36 NEW HAVEN COLONY RECORDS. [1640 

In callings w^h. require skill and strength, as carpenters, 
joyners, plasterers, bricklayers, shipcarpenters, coopers and 
tlie like, ma'' \yorkcmcn not to take aljove 2* (3'' a day in sum"", 
in w^h men may worke 12 Lowers, butt lesse then 10 hewers 
dilligently improved in worke cannot he accounted nor may 
1)0 admitted lor a full dayes worke, nor in winter above 2^ a 
day, in w^h att least 8 howers to be dilligently improved in 
worke. And by advice of approved m'' workemen the names 
of others who in their severall trades are to be allowed for m'" 
workemen are to be sett downe. Butt all workemen in the 
former and like trades, who are not as yet allowed to passe 
vnder the names of ma'" workemen, not to take above 2s a day 
in sum"" and 20'^ a day in winter, they improveing their time 
in worke both in sum'' and winter as above expressed. 

Planters and labo'"ers, experienced and dilligent in their 
way, not to take above 2^ a day in sum'', and not above IS^^ in 
winter improveing their time as a)jove, and others in propor- 
tio, as they may deserve, and boycs to have wages in sum'' and 
winter in seu^all imploymt^ according to the service they doe, 
w^^h shall be judged, (when any doubt ariseth), by honest and 
indifferent men. 

For goeing w4i boats of seuerall sorts, the man not above 
2^ a tyde, the whole tyde being dilligently improved according 
to the nature of that imploym^ 

And for boates, according to their quallity and burden. A 
lighter of 16 tunne w^li a boate or cannow w"^h her, not above 
8" a tide, and one of 12 tunne, with a boate, not above 2^ 6^ a 
tide. A shallop of 4 tunne, not above 1^ a tide, and so in re- 
spective proportio. Butt in such raines or stormes that goods 
cannot be laden without spoyling, nor the boate stirr though 
the tide serve, no paym' to be made for the boate in such tides, 
though the man be paid while he attends the service. 

Sawing by the hundred not above 4^ 6^ for boards. 5^ for 
plancks. 5^ 6'i for slitworke and to be payd for no more 
than they cutt full and true measure. If by the dayes worke, 
the top man or he -that guides the worke and phaps fnidcs the 
tooles, not above 2^ 6'' a day in som"", and the pitt ma, and he 
whose skill and charge is lesse, not above 2% and a proportion- 



1640] NEW HAVEN COLONY RECOKDS. 37 

able in winter as before. If they be eqnallin skill and charge, 
then to agree or divide the 4^ 6'^ betwixt them. 

Falling of timber, that w^h is full 2 foote ow^ or above, one 
w^h another not above S'^ a foote ; lesser timber, being yett 
full 18 inches ou"" and under 2 foote, not above 2'^ a foote; all 
other trees of lesser size not 18 inches ou"", either by daycs 
wages, or as shall be reasonably agreed. Crosscutting, by the 
day, as other labo''^, or as shall be agreed w'h equity. 

Hewing and squaring timber of severall sizes, one w^h 
another, butt the least 15 inches square, well done that a 
karfe* or planke of 2 inches tliicke being taken off on 2 sides, 
the rest may be square for boards or for other vse, not above 18*1 
a tun girt measure. And for timber sleightly hewen a price 
proportionable, or by day wages. As for sills, beames, plates 
or such like timber, square hewen to build wUi, not above a 
peny a foote running measure. 

[14] Mowing, when by the acre, not above 3^ salt marsh, nor 
above 2^ 6*^ fresh marsh, when by the day, not above 2« 6^, 
and this to be of skilfuU mowers, dilligently improveing their 
time and skill. A skillfull thatcher, working dilligently, not 
above 2^ 6^ a day. 

Fenceing w^h pales, as houslotts, now are, for felling and 
cleaveing posts and railes, crosscutting, hewing, mortising, dig- 
ging holes, setting vp and nailing on the pales, the worke 
being in all the pts well wrought and finished, not above 2^ a 
rod, butt in this price pales and carting of the stuffe not in- 
cluded. Fencing w^li 5 railes, substantiall posts, good railes, 
well wrought, sett vp and ramed, that pigs, swine, goates and 
other cattell may be kept out, not above 2^ a rod. Fencing 
w^h 3 railes, good stuff, well wrought and finished, not above 
18d the rod. 

KSubstantiall posts sould in the woods, not above 9« or 10^ 
by the hundred, being in length and goodnes answerable to 
the price. Good railes, 11 foote long, some of them 7, some 
6, butt the least in the smallest pt of itt not less then 5 inches 

* " Kerf, the way made by the saw or the away sHt in a piece of timber or board. 
The sawn away sht between two pieces of stuff is called a kerf." Bailey's Diet. 



38 NEW HAVEN COLONY RECOEDS. [1640 

broade, one w^li another one v/h another indifferently sorted, 
not above 7« the hundred. 

Inch bords to be soiikl in the woods nott above 5^ 9'^ ¥ 
hundred. 

halfe inch boards in the woods not above 5 — 2 ^ 100. 

2 inch planke in the woods not above 7 — F 100. 

inch boards sould in the towne not above 7 — 9 F 100. 

halfe inch boards in the towne, nott above 6 — 2 F 100. 

2 inch planke in the towne not above 11 — F 100. 

Sawen timber 6 inches broad and 3 inches thickc ) f far'' 

in the woods rufiing measure not above ) F foote. 

in the towne not above 1'^ F foote. 

Sawne timber 8 inches square rimning measure in ^ I'' ^ 

the woods not above j F foote. 

in the towne not above 2^ F foote. 

Clapboards in the woods, good stuffe, not above 4^ F 
100. 6 foote long 3^6^. 5 foote and 4 foote 3« F hundred ; 
hewing and nailing them on roofes and sides of houses, well 
done not worth above 5^ F hundred, butt as most are done, 
not worth above 2* 6'^. Shingle, good stuff f of an inch, and 
6 or 7 or 8 inches broad, sorted in the woods, being 3 foote 2* 
6<^ ¥ hundred. 2 foote 2s. 14 inches 1^ ¥ hundred, butt if 
defective, price accordingly. 

Lime well burnt vnslaked, and brought by water to the 
landing place of the towne, by the bushell heaped, not above 
9^1 the bushell, by the hogshead, full gage and so putt in that 
when carted from the water side to the place where it shall be 
vsed the hogshead may yet remaine full, not above 5« F hh'^. 



A Court holden the 1' of July 1640. 

Daniell Fuller for neglect of his watch was fined three shil- 
lings. 

Thomas Parsons and John ^ , servants to Elias Park- 
more were whipped for their sinfuU dalliance and folly w^h 
Lidia Browne. 

Andwcw Low the sonnc of Andrew Low, was whip))ed for 



1640] NEW HAVEN COLONY KECOKDS. 39 

ruiiiiig fro his ma'" and stealing fruite out of Goodman 
Wards lott or garden. 

Tlio: Chambers being accused for scoffing at religio, it not 
being sufficiently proved, he was dismissed onely w^h an admo- 
nitio and cautio. 

Arthur Hall)idg Ijeing charged w*h falce measure in lime, 
was respited till another court for a more full testimony. 



[15] A Court holden the 5^^ of August 1610. 

Itt was ordered thatt Thomas Games shall pay vnto John 
Moody or his assigns, 500 weight of good tobacco, w^h should 
have beene payd 14 or 15 moneths agoe. In consideracon 
whereof, the court doth order the said Thomas Games to pay 
vnto the said John Moody ^ a hundred weight more of to- 
bacco for the forbearance of itt so long a time. 

John Cockerill received in the court 3 — 8 — 10 of the mony 
of Thomas Johnson, vpon condicou y' he shall repay itt into 
the court in case any others shall lay clame to the same and 
require satisfactio, 

Itt is ordered that Mr. Craine shall pay the rates due for Mr. 
Roe* to pay, in consideration of his lott and estate here given 
in : and thatt if he come not the next yeare, the lott shall be 
att the towns dispose, and the rates payd for him to be de- 
ducted out of his estate here in cattell when they are soulde. 

Goodm Osborne fined 5^ for neglecting to warne the "watch 
mar next succeding his owne, whereby the watch was neg- 
lected 3 nights. 

Brother Perry was fined one shilling for warning his watch 
too late, tho the watch was not neglected. 

* Owen Eowe was a tradesman in London and of the company designed for New 
England, and had in 1636 a lot laid out in Boston. Upon the change of times he chose 
to remain in London, became a colonel in the great civil war and one of the regicide 
judges. He died in the Tower on Christmas day 1661. Hutch. Coll., 59. Savage 
Winth. I, 475. (Ed. of 1853.) 



40 new haven colony records. [1640 

Att a Gen'11 Court held the 1' op the 7'"' Moneth 1640. 

Mr. Latnberton and Thomas Nash was admitted members 
of the court and received the freemans charge. 

Itt is ordered that all men thatt have nott yet payd in all 
the olde rates for the commo charges of the towne, shall pay 
itt w'hin 14 dayes after the date hereof, or else some other 
course must be taken to compell them. And allso thatt 
another rate be forthwUi estreeted of 200^, halfe vpo estates 
and halfe vpon lands. 

Mr. Turner was chosen Captaine to have the comaund and 
ordering of all martiall affayres of this plantatio, as setting and 
ordering of watches, exerciseing and training of souldiers and 
whatsoeu'" of like nature appertaining to his office ; all w'h 
he is to doe w^h all faithfullnes and dilligencc, and be ready 
att all times to doe whatsoeu'" service the occasions of the 
towne requires or may require. 

Itt is ordered that eu'y man that is appoynted to watcli 
whether m""^ or servants, shall come every Lords day to the 
meeting compleatly armed, and all others also are to bring 
their swords, no man exempted save Mr. Eaton, o^" paste"", Mr. 
James, Mr. Samuell Eaton and the 2 deacons.* 

The plantatio of Totokett is granted to Mr. Samuell Eaton 
for such friends as he shall luring ouer from olde England, and 
vpo such tearmes as shall be agreed betwixt himselfe & the 
comitty chosen to that purpose, (namely) Mr. Eaton and the 
4 deputyes. 

This towne now named Newhaven. 

Itt is ordered that when Mr. Eoes lott shalbe fenced in, o^ 
paste"" shall have a way or passage left 8 foote broad betwixt 
it and Mr. Craines lott, y* he may goe out of his owne garden 
to the meeting house. 

Itt is ordered thatt none in this plantatio shall either sell or 
lett a lott to any strainger for yeares wMiout allowance fro the 
court. 

Itt is ordered thatt att this day every yeare all the ram 
goates in the towne shall either be side stringed or some other 

* Matthew Gilbert and Robert Newman. 



1640] NEW HAVEN COLONY RECORDS. 41 

course taken w^li them so as they cannot ram the ewes till the 
fittest season. 

A peece of ground granted to Mr. Lamberton for a yeard to 
his sellar by the west creeke, butt to be veiwed by the comitty 
chosen to dispose of all the lotts and lands aboute the towne, 
and sett out by them to him, vpo these tearmes, (viz) that he 
shall give for the ground whatt they shall appoynt, and sell 
both house and lott at what time and to whom the court shall 
approve of, and that att a reasonable price. 



[16] Att a Court held att Newhaven the 2^ of 7 m ; 1640. 

Itt is ordered that Leivetent Seely shall pay vnto John 
Cockerill ll^ 11^ either in mony, corne or cattell, as they shall 
be indifferently prized by indifferent men w^'h shall be chosen 
by them for that end. 

Tho: Saule doth acknowledg himselfe bound in the sum of 
20^, to be leavied of his goods and chattells for publique vse 
of this towne, vpon condicon thatt he satisfie tlie just demaunds 
of Humphra Spinage when soeu"" he shall be called to an ac- 
count aboute a clame w<^h the said Spinage doth make in the 
behalfe of one in London. 

Itt is ordered thatt Goodman Chapman shall forthw^h pay 
vnto Joh. Cockerill the su of 5^ 10^ w^h he is indebted to him. 

Robt Cogswell is ordered to pay vnto Mr. Attwater and his 
bro : David the mony w^h he owes them, before the next court. 

A difference betwixt Mr. Craine and Captaine Turner refcred 
to bro: Gilbert and bro: Newm to arbitrate. 

Richard Mansfield fined 2^ for neglecting his watch. 

The men appoynted to veiw the meaddowes, to sett downe 
before lotts be cast, what allowance is equall to be cast into the 
acre where the meadowes are bad, Benjamin Linge, William 
Andrewes, Richard Perry, Will Touttlc, Jasper Craine, John 
Chapman, Mr. Lamberton, Rob* Seely, John Wakeman,Rich: 
Miles, Thomas Welch, Anthony Tompson, John Ponderson, 
Fran. Newman and Jer: Dixon. 

6 



42 new ha yen colony records. [1640 

Att a Court held att Newhaven the 6* of the 8^1' m. 1640. 

Goodffi Warde fined 2^ for neglect of his watch and putt out 
of his place from being ma'' of a watch. 

Will Gibbons, Francis Browne and Tho : Franckland fined 
1^ apeece for late comeing to keepe their watch. 

Robt Champio being accused for drinking wine to excesse, 
was fined 5^. 

Thomas Mouleno'' the elder, and Robt Campio were fined 5^ 
apeece for affronting the court. 

On Wednesday, being the 14^^ of October, the deputies 
aforesaid went to veiw the meadowes, and haveing pfected 
their worke, they gave in an account of their worke, as 
appeares by the plotts of the meadowes. 



[17] Att a Gen^h Court held att Newhaven the 23 of 
the 8 m: 1640. 

Itt is ordered euery one of the 5 quarters whose proportio of 
meadow is vnder 8 acres, shall have itt in the iland in the east 
riuer, and in the mill meadowes, and their vpland att the 
vtmost end of the first divisi(5 of the Yorkeshire quarter 
w^hout the 2 miles beyond the west river. 

Itt is ordered thatt Mr. Eaton shall have 50 acres of his 
meadowes in the meadowes towards Totokett, neare vnto the 
way that goes to Manunkatucke, w^h upland answering that 
proportio. And all the rest of his meadow he is to have att 
his owne choyce in the east meadowes and vpland adjoyning, 
as itt may best sute his conveniencie ^^h whatsoeu"" convenien- 
cics the place will afforde him for a farme. 

Itt is ordered thatt o"" paste"" shall have his farme where he 
shall desire itt w^h all the conveniencies of vpland and meadow 
and creeks w^^ the place where he pitches will afforde, though 
above his proportio, according to his desire. 

Itt is ordered that Captaine Turner shall have his lott of 
meadow and vpland where he shall chuse itt for his owne con- 



1640] NEW HAVEN COLONY RECORDS. 43 

veniencie, thatt he may attend the service of the towne wh his 
place requires. 

Itt is ordered thatt all the vplaiid in the first divisio w'h all 
the meadowes in the plantatio shall pay 4:"^ an acre yearly, and 
all the land in the 2^ divisio shall pay 2^ an acre yearely, att 
2 severall dayes of paym', (viz), the one in Aprill, and the 
other in October, to raise a como stock or publique treasury, 
and thatt a steward or treasurer shall be chosen to receive and 
dispose of itt according to the occasions of the towne, and give 
a yearely account of itt to those thatt shalbe appoynted to 
receive the account. 

Itt is ordered thatt in the 2'' divisio every planter in the 
towne shall have for every hundred pound estate given in, 
twenty acres of vpland, and for every head two acres and a 
halfe. 

Mr. Craine is allowed 300' to his estate formerly given in, 
and Mr. Touttle to add 50' to his, provided thatt they pay all 
rates backward and forwarde, and if they remove, to sell noth- 
ing butt improvem^s. 

Itt is ordered thatt all the small lotts about the towne shall 
have 4 acres of planting ground to every lott, and an acre to 
every head layd out beyond the east river, betwixt o"" pasto" 
farme and the Indians wiggwams. 

Itt is ordered thatt Mr. James shall have his meadow att the 
lower end of the Neck, and bro: Andrewes shall have his 
meadow among the small lotts as itt shall fall by lott, in the 
Hand or Mill meadowes. 

Itt is granted to the 2 deacons to chuse where they shall 
have their farms, as neare as may be to the towne, thatt they 
may the better attend their office. 

Itt is ordered that Mr. Gregson shall ])e Truck ma"" of this 
towne for this yeare cnsueing, to truck w^h the Indians for 
venison, so as he may afforde to sell to the planters thatt have 
need att 30^ a pound, all together, good and bad, one w'h 
another. 

Itt is ordered thatt no English men thatt kills venison shall 
sell the fattest for above 3'' a pound, and the leane att 2'' "'\ 



44 NEW HAVEN COLONY RECORDS. [1640 

Itt is ordered thatt the causway to the neck shall be made 
forthw^i. 

Itt is ordered that wampam shall goe in this plantatio for 6 
a peny. 



[18] A Court of Elections held att Newhaven the 29*^ 
OF 8 m: 1640. 

Bro: Perry, Andrew Hull, Will Peck, Goodm Shirman, 
Goodm Gibbs and Goodm Livermore were admitted members 
of the conrt. 

Mr. Eaton chosen magistrate againo. 

Mr. Rob* Newm, Mr. Gregson, Mr. Gilbert, and Captaine 
Turner chosen deputyes. 

Tho: Fugill chosen secretary. 

Robt Seely chosen marshall. 

Jer. Dixon allowed to add to his estate formerly given in, 
so much as will make itt 3 hundred pounds, so as he pay all 
rates for thatt estate backward and forward. 

Ben: Linge and Will Touttle are allowed to have their 
meadow where Mr. Eaton hath his first 500 acres, (viz) in the 
fresh meadows towards Totokett, and Mr. Craine is to have 
his allso there. 

Allowance is to be given in land to those thatt want of their 
proportio in their houslotts, 2 rod for one in the first divisio, 
and 3 for one in the 2'^ divisio. 

Itt is ordered thatt Tymo : Baldwins lott shall have land 
layd to itt for 6 heads & 500', and reserved for an elder. 

Itt is ordered that nott above 4 moneths shall be accounted 
for winter in workmens wages, provided thatt they improve 8 
howers dilligently in worke every day when they expect to be 
payd for a dayes worke. 

Itt is ordered that if any workem take more then is appoynt- 
ed for worke and wages, he thatt gives itt and he thatt takes 
itt shall each of them pay a dayes worke fine, and the inform'' 
shall have the 4^'' p^ 

Itt is ordered thatt every one thatt comes after they )jeate 



1640] NEW HAVEN COLONY RECOEDS. 45 

the drum ye 2'' time, or come defective in armes on trayning 
dayes, shall pay 1^ fine, and for totall absence 5^ 



A Gen"^!! Court holden att Newh, the 4 of the 9*^ moneth 

1640. 

Whereas Andrew Ward and Robt. Coe of Weathersfield 
were deputed l)y Weathersfield men, the 30"i of the 8*'' 
moneth comonly called October 1640, to treate w^h the court 
att Newhaven about the plantatio (lately purchased by the 
said towne*) called Toquams, w'^'' being considered of, itt was 
agreed vpon by the said court and ptyes aforesaid, that they 
shall have the said plantatio vpon these tearmes following. 
First, thatt they shall repay vnto the said towne of Newhave 
all the charges w^h they have disbursed about itt, w'^h comes 
to 33' as appeares by a note or scedule herevnto annexed. 
Secondly thatt they reserve a fift pt of the said plantatio to be 
disposed off att the appoyntm* of this court to such desireable 
psons as may be expected, or as God shall send hither, pro- 
vided that if w^hin one whole yeare such psons doe not come 
to fill vp those lotts so reserved, thatt then itt shall be free for 
the said people to nominate and present to this court some 
psons of their owne choyce w^h may fill up some of those lotts 
so reserved, if this court approve of them. Thirdly thatt they 
joyne in all poynts w'h this plantatio in the forme of goverm* 
here settled, according to the agreem^ betwixt this court and 
Mr. Samuell Eaton about the plantatio of Totokett. 

These articles being read together w^h Mr. Sam: Eatons 
agreem'^s [^ the hearing of the said partyes or deputyes, itt 
was accepted by them, and in witnes thereof they subscribed 
their names to the articles in the face of the court. 

* Capt. Turner as agent for the peoi^le of New Haven bought of Ponus Sagamore 
of Toquams, and of Wascussue Sagamore of Shippan, (the other Indians consenting 
thereto,) all the ground belonging to the said Sagamores, except a piece of ground 
which Ponus reserved for himself and the other Indians to plant upon, The considera- 
tion was 12 coats, 12 hoes, 12 hatchets, 12 glasses, 12 knives, 2 kettles, and foi;r 
fathoms of white wampum. The liberty of hunting and fishing on the land was re- 
served by the Indians. This agreement was signed on the first of July, 1640. 

Stamford Eec. B. p. 30. 



46 NEW HAVEN COLONY RECORDS. [1640 

Itt is ordered by the court that Goodm Quick shall give 
security here for the barke and his account to the owners ac- 
cording to their request to Mr. Eaton, and for thatt end the 
moneyes thatt are in the hands of Captaine Turner and Mr. 
Gregson, and should be payd to Weathersley, but layd clame 
vnto by the saide Quick, are to be detained till things be 
cleared betwixt them. 

Itt was ordered thatt Georg Badcock, servant to Mr. Eaton, 
shall serve out his time w'h his ma'' to the full end and tearme 
of six yeares (from his first comeing) according to his in- 
gagem^ as appeared l)y the testimony of John Mason and his 
owne confessio. 

[19] Edward Adams testified vpon oath thatt the note of 
informaco w^h he had form'^ly delivered into the court (con- 
cerning lime W^h Arther Halbidg hath delivered to the mill) 
is true, w^h when he had done, Arther Halbidge excepted 
against itt, thinking to prove the said Edward Adams a pjured 
pson. Butt Goodman Pigge, Rich: Beach and John Wake- 
field affirmed the truth of what Edward Adams had testified, 
(though the said Artur Holbidg did conceive they would have 
contradicted Edw: Adams his testimony), Itt was therefore 
ordered thatt the said Arther should pay two folde for all the 
want of measure thatt is charged vpo him and from hence 
forth take noe worke by the great, nor burne any lime to sell. 



Att the 2'^ OF Decemb: 1640. 

Thomas Franckland for drinking strong liquors to excess 
and entertaining disorderly psons into his cellar to drinking 
meetings, togeth w'h his contempt of the court, was whipped, 
fined 20% and deprived of his cellar and lott, his lott and lib- 
erty of staying in the plantatio l)cing onely granted to him 
vpoo his good bchavio''. 

Andrew Loe jun"" was whipped for breaking Ricliard 
()sl)orne his cellar and stealing, & y' on the Sabotli, day. 

Itt was ordered thatt John Davis, servant to Mr. Wilks, 
should be whipped for his stuborne carryagc to his said ma"", 



1640] NEW HAVEN COLONY RECORDS. 47 

butt the executio of the sentence to be suspended for tryall of 
his future carryage. 

Itt was ordered that Mr, Wilks shall abate 2 moncths of the 
time W^li the said Joh : Davis should serve him, for vndue cor- 
recting him, strikeing him vpon the head w^i a hammer, he 
being vpo the top of a ladder. 

Itt was ordered y^ all thatt live in cellars and have famylyes 
shall have liberty for three moneths to provide for themselves, 
butt all single psons are to betake themselves forthw^h to 
some famylyes, except the magistrate see cause to respitt them 
for a time. 

Itt was ordered that Mr. Mouleno"" should give an accout 
to the next court for his pceedings att Totokett. 



Att a Court held att Newhaven the 6th of the ll^h M : 

1640. 

Whereas there was a roap lent by Mr. Craine to John Tomp- 
son, Initt lost by Rob' Cogswell who tooke the charge of the 
boate in w^h itt was left, itt is therefore ordered thatt John 
Tompson shall make itt good to Mr. Craine, and Rob' Cogs- 
well shall satisfie John Tompson for itt. 

Itt is ordered that Mr. Mouleno"" shall be comaunded fro 
the court by the marshall to stay his proceedings att Totokett, 
inasmuch as whatt he hath done is disorderly and unwarran- 
tably, nott giveing any good account to this court though he 
have beene required so to doe. 

An inventory of Andrew Hulls delivered into the court. 



[20] A Gen""!' Court hold att Newhaven the 10'^ op the 
1' MONETH [1640] 

Itt is ordered thatt all the meadowes belonging to this 
townew^h vpon pvicw the the deputies for the quarters thought 
meete thatt 8 acres for 7 should be layde out, (in way of allow- 
ance), now itt is to be abated, and thatt allowance w^h that, 
and proportions above that should have had, shall be for make- 



48 NEW HAVEN COLONY RECORDS. [1640 

ing thatt allowance W^h less proportions are appoynted, and 
worss mcaddow is appoynted to have, in • consideraco of the 
exceeding l)adnes of the meaddowes. And those that were 
deputed for the veiw are now to see all the meadowes layde out 
according to the true intent and meaning of this order ; 
swamps, ponds and creeks nott to be measured. 

Itt is ordered thatt all those who by lott shall have their 
meadow on this side brother Turners fearme, shall have the 
vpland thatt lyes against itt, or joyning to itt, and if thatt be 
nott enough to make vp their proportio for their second 
derisio, they shall have itt made up beyond, the west river, at 
the vttmost end of the Yorkshire quarter, among the small 
lotts. 

Itt is ordered thatt after 2 yeares next ensueing be expired, 
the neck shall be layd for pasture, and thatt all who plant or 
sow corne therein in the meantime shall secure itt themselves, 
whether there or elswhere, every one are to secure their owne 
corne, provided y^ none doe willfully or negligently trespasse 
w^h their cattell, and it is further ordered thatt after this 
yeare none shall plant Indian corne in the neck, butt onely sow 
itt w^h English. 

Itt is ordered thatt no mans inability or remisnes in fencing 
his part (in a gcnrii fence) shall hinder the improvem^ of land 
in any of the quarters, the major pt consenting. 

Itt is ordered thatt those thatt are intrusted in the townes 
busines shall lay out meadow and vpland for an inne. 

Itt is ordered thatt if any ma shoote either bulletts or smal- 
ler shott in the towne, or wUiin a quarter of a mile of the 
towne w^hout a call, shall pay 5« fine for every default. 

Itt is ordered thatt if any shall cutt a tree w^iout leave 
where the spruce masts grow, shall pay 20'^ fine for every 
default. 

Itt is ordered thatt if any take either wheele barrow, hand 
cart or paddles, or oares w'hout leave, shall pay five shillings 
fine. 

Itt is ordered thatt if any shall take boate or caunow wMiout 
leave, he shall pay 20^ fine, and whatt ever damage else may 
befall the owner for the want thereof. 



1641] NEW HAVEN COLONY RECORDS. 49 

Itt is ordered tliatt fire hooks shall be made for the com- 
mon vse of the towne, att a commo charge. 



AtT a MEETING ABOUT CASTING LOTTS FOR THE EAST MEAD- 
OWES AND THE MEADOWES IN THE MILL RIVER IT^'i 1^ MON : 

1641 

Itt is agreed thatt the small lotts shall begin att the great 
rock on the farre side of the mill river, and so come downe, 
towards the sea, and then begin att the lower end of the farrc 
side of the iland in the East river, and so come downe againe 
on the hither side, and if there shall fall out to be some small 
pportio w^h will not amount to the quantity of him whose lott 
falls last in the Mill river, itt shall be in his choyce w^her he 
will have itt, yea or no. 

Itt is allso agreed thatt in the East meadowes the first lott 
shall begin att the neck on the hither side of the river, and so 
goe on in order to the vper end so farr as there is meadow, and 
then begin att o"" pasto''^ farme, and so goe vp againe on the 
other side so farr as there is meadow, and whosoeu'" Ijy lott 
falls next to the farmes thatt are layd out by choyce, if there 
be not their proportio there, they must take the rest where itt 
falls next in order beyond them. 

Itt is ordered thatt Thomas Fugill shall have the Iland in 
the mill river for his pportio, he being willing to have it when 
others refused it because itt was bad. 

[21] Itt is o[rdered that those] in the neck sha[ll] fence 
[ ] against [ ] dow tha[ ]ney thatt 

owe the meadow will fence itt in from the como. 

The name[s of those w]ho are to have their meadow in the 
East meadow, as their lotts were cast. 

1 Mrs. Higginson 6 Mr. Evance 

2 Mr. Attwater 7 John Ponderson 

3 Mr. Pocock 8 Mr. Lucas 

4 Goodma Nash 9 Thomas Fugill 

5 Mr. Craine 10 Edw : Wiglseworth 

7 



60 



NEW HAVEN COLONY RECOKDS. 



[1641 



11 Richard Perry 

12 Mr. Constable* 

13 Mr. Browning 

14 Mr. Marshall 

15 David Yale 

16 Mr. Brewster 

17 Bro : Jer : Dixon 

18 John Johnson 

19 Mr. Mayers 



20 An Elders lott 

21 Mr. Roe - 

22 Mr. Dermer 

23 John Chapman 

24 Mr. Francis Newman 

25 Mr. Malbon 

26 Mrs. Eldred 

27 Mr. Samuell Eaton 

28 Mr. Tench one y^ Island. 
The names of those who are to have their meadow in Mil- 
meadow and the Hand in the East River, as their lotts were cast 
in order. 

7 Wid : Greene 13 Joh : Coop 

8 Wid : Williames 14 Will Thorpe 

9 Tho : Kimberley 15 Mrs. Eaton 

10 Robt Hill 16 Mr. Pearce 

11 Jarvis Boykin 17 Mr. Yale 

12 Andrew Loe 

The land for the small lotts on ye bankc side and by yc 
west creeke was appoyntcd to.be layd out, as their lotts were 
drawnc in order as followeth.t 



1 John Benham 

2 Mr. Cheeuers 

3 Tho Powell 

4 Abraham Bell 

5 "Will Andrcwes 

6 Rich : Becklcy 



1 Steven Metcalfe 

2 Adam Nicolls 

3 Nath : ]\Ierryman 

4 John Tompson 

5 Bro : Kimberleys bro 

6 John Nash 

7 Mrs. Swinrton 

8 Goodma Davis 

9 Rich : Newm 
Tho: Mitchell 
Tho: Morris 
Goodm Peck 



Another lott 
Goodm Hamcs 
Goodm Dig'hton'^'' 
Good Pigge 
17 Francis Browne 
George Larrymo"" 
Tho: Beam' 
Tho : Leaver 
John Vincent 
Joh : Hall 
Will Russells 
Christopher Tod 



* Was this Sir William Constable who as JIather B. iii, chap, xiii, 6, informs us pro- 
posed to come to New Euglaud with Rev. Ezckiel Rogers? We learn from Winthrop 
i, 294, that the New Haven gentlemen labored b}' all means to draw Mr. Rogers and 
his company to them. 

t In the marsrin. " Tho order for it is in fo : 17 and in 27." 



1641] NEW HAVEN COLONY RECORDS. 51 

25 Thomas Mounsoii A brickmaker 

Ben : Willmott Obadiali Barnes 

Joh : Walker Eliz : the washer 

Ben: Pauhns; WiH Gibbons 



Att a Court helde att Newhaven the T'l' op the 2'' Mon : 

1640*. 

John Reader was fined 40^ for breakeing the order of the 
Conrt in exacting greater wages (then the Conrt liad deter- 
mined,) for 20 dayes worl<;e W'h he confessed lie had received 
mony for. 

John Thomas was fined 1^ for neglecting his watch. 

Susanna Man, servant to Mr. Goodyearc, haveing accused 
John Thomas for stealing a peece of stuff, valued att S^ 6". 
she now confessed thatt she had slaundered him, and said thatt 
God had given her oner to the Devill to make her lye, where- 
vpon it was ordered thatt she should pay to her ma"" douljle 
the price of the stuff as the said Joh : Thomas should have 
done if he hadbeene guilty, according to the law of God in 
thatt case. 



[22] A Gen""!! Court holden att Newha[ven ] 3'' 

Mon 164 [1] 

Mr. Goodyeare, Mr. Gregson, Mr. Newm and Mr. Gilbert 
chosen deputyes for the halfe yeare next ensueing. 

Mr. Gregson was chosen Treasurer to receive the yearcly 
rates and keep accounts of all disbursem'^'^ vpon all necessary 
occasions for the como affayrcs of the towne. 

Bro : Pecke chosen measurer for the towne to fill and 
strike all the corne thatt comes into the plantatio from other 
places, for w^h he is to have 6'^ for every score bushells w*^li 
he measureth, an a halfe peny for every bushell vnder teniie 
bushells, the one halfe to be payd by the buyer, and the other 
halfe by the seller. 

* I presume this should be 1641. 



52 NEW HAVEN COLONY RECORDS. [1641 

Itt is ordered thatt all those tliatt have hoggs shall drive 
them from the plantatio about 5 miles fro the towne, and 
haunt them forth ahroade, neuerthelesse every one is to 
endeuo*" to secure their corne by sufficient fences. 

Itt is ordered thatt the clay pitts shalbe layd out as como, as 
itt was first intended, and what charge of fencing Goodman 
Mansfield or others shalbe att extraordinary by thatt meanes, 
the towne is to beare itt in gen''^'. 

Itt is ordered thatt Mr. Goodyeare shall have his vpland 
(w^h he is to have in the 2'^ divisio,) in a place w^'h he hath 
chosen beyond the west rocks. 

Itt is ordered thatt those who should have a pt of their 
vpland on the right hand of the mill way (betwixt itt and the 
river where the land fall narrow,) butt leave itt, shall have 
their pportio made up beyond the rocks w^hout the 2 miles 
compasse. 

Itt is ordered thatt every house in the towne shall have a 
ladder (in length to sute the height of their chimney,) w*liin 
5 weeks, to stand ready by their houses, vnder the penality of 
5s fine. 

An inventory and will of olde father Shirmans was delivered 
into the Court. 

Itt is ordered thatt every quarter thatt would fence their 
land in the Neck, they may have liberty so to doe, provided 
thatt they doe itt att their owne charge, and leave out the 
springs for the cattle to drinke att wheresoever any fall w^hin 
the bounds of the neck. 

Itt is ordered thatt the rates of wares and worke as they 
were p^sented to the Court by the magistrate shall be settled 
and be in force in this plantatio as folio weth, 

[23] Rates 

Itt is ordered thatt seaven howers shall be accounted a 
dayes worke for a teame, if thatt whole time l)e dilligently 
improved in worke according to the nature of thatt imploym^ 
and the hyer for a stcere by the day 9"^, for a growne oxe or 
bull 12'', for a horse or mare le^, for cart furniture and man 0''. 

For ma"" carpenters, joyners, plasterers, Ijricklaycrs, mowers. 



1641] NEW HAVEN COLONY RECORDS. 53 

cowpers, thatchers, ryvers of clapboards, pailes, shingles, 
lathes and the like callings which require skill and strength, 
nott above 2^ in somer and 20'' in winter. 

Butt others of the same trades or callings, nott allowed ma"" 
workemen, nott above 20^1 in sommer and 16^ in winter. 

Plaisterers, haymakers, fellers of timber, those thatt cross- 
cutt timber, and all sorts of laboi^ers experienced and dilligent 
in their way, improveing time as above, in som"" nott above 
18'!, in winter nott above 14^1. 

Vnskillfull negligent labo''ers, and boyes, both in som'' and 
winter in severall imploym^^ according to the service they 
doe, w^h when any doubt ariseth shalbe judged by able and 
indifferent. 

Boates of severall sorts, the whole tyde being dilli'gently im- 
proved, according to the na"" of that imploym*. The man by the 
tyde nott above 16''. A lighter of 16 tunne w^h sale boate or 
cannow, nott above 2^. A lighter of 12 tunne 20''. A shal- 
lop of 4 tunne 8'', and so in respective proportio, butt in such 
raines or stormes that goods cannott be laden or vnladen 
wthout spoyling, nor the boate stirre though the tyde serve, 
no payment to be required for the boate in such tydes, though 
the man be payd while he attends the service. 

"Worke taken by the greate, sawing by the hundred to be 
payd for no more then is cutt full & true measure, boards nott 
above 3^ S*!, planks 4% slit worke 4^ G^. 

When men saw by the day, the top man or he whose skill 
guides the worke, and phaps fmdes the tooles, in som^ and 
winter respectively as ma"" workmen, and the pitt man as 
vnskillfull or nott approved mai" workmen, and if they be 
equall in skill and charg, then to devide the wages, w^h shall 
be 22'' a peece in somer and 18'' in winter. 

Felling of timber, thatt W^h is full 2 foote over and one wUi 
another nott above 2 pence halfe peny, lesser sorts of timber 
full 18 inches over, and vnder 2 foote, three halfe pence p 
foote, all other trees of lesser size then 18 inches over, either 
by dayes wages as laboi'ers or as shall be reasonably agreed. 

Hewing and squareing timber of several sizes one w^h anoth- 
er, butt the least 15 inches square, well done thatt a kerfe or 



54 NEW HAVEN COLONY RECORDS. [1641 

plaiike of 2 inches thick being taken off on 2 sides the rest 
may remaine square for boards or otlier vse, by the tunne, 
girt measure 15*', and for timber more sleightly hewen a lesse 
price in proportio. Sills, beames, plates or such like timber 
hewen square to build w'h, running measure, by the foote nott 
above 3 farthings. 

Mowing well done, w^h vpon quest, is to be judged by other 
skillfull mowers, salt marsh by the acre nott above 3^ 6*^, fresh 
by the acre nott above 3^ 

Fencing w^h pales, as house lotts are now done, for felling 
& clcaveing posts and rales, cross cutting, hewing, mortising, 
digging holes, setting vp, well raming the posts and nailing on 
the pailes, by the rod, all the worke being well and sufficiently 
done in every pt appertaining to itt, IS*!, butt if the worke in 
any pt be defective, the price to be abated answerably, and 
thatt to be judged by indifferent men and honest workmen, 
and so in all other fencing w^h posts and rales as below. 

Fencing w^h 5 rales, strong and substantiall posts and rales 
att least of sizes expressed below, the posts sett two foote and 
a halfe in the ground, well wrought, sett up, and well rammed 
so thatt pigs, goates and all other cattell may be kept out, by 
the rod nott above IS'^. 

[24] Fencing wUi 3 rales, such stuff", workmanship as w^h 5 
rales, nott above 14'^, substantiall and strong posts, 7 foote and 
a halfe long, 12 inches broade and 4 inches thick att least 
where they are felled and cloven, by the hundred 7^ Sub- 
stantiall and strong rales 11 foote long, some of them 9 inches 
broade, some 7, some 9 inches, butt the least, in the smallest 
pt nott lesse then 5 inches broad, and all of such a thicknes as 
thatt they may be strong and lasting, proportionably sorted of 
all the forcnamcd sizes, by the hundred, nott above 5^ 6^. 

Inch l)oards solde in the woods by the hundred nott above 
4^ 8^1, halfe inch board 4^ 2^, and 2 inch planke 5^ 6'^ p hundred. 

Inch board solde in the towne 6% halfe inch boards 5% 
planke 8^ 6'^ p hundred. 

Sawen timber. 6 inches broade 3 inches thick, in the towne 
l)y the foote runing measure nott above 3 farthings, 8 inches 
square soulde as before nott above 1^ °^ a foote. 



1641] NEW HAVEN COLONY RECORDS. 55 

Clapboards solde in the woods, good stuff 6 foote long 3^ 4*^ 
5 foote long 2« 10''. 

Pales 6 foote long 3s [5 foote 2— 8,| 5 foote 2^^ 4''. 

Hewing and naleing clapboards on roofes and sides of houses 
well done, nott above 4^ p hundred, butt as most are done nott 
worth above 2^ or 2^ 6<^, therefore if any questio arise, the 
worke to be rated and judged liy indifferent men. 

Shingle, good stuff | inches thick, some six, some seaven, 
some eight inches broad, sorted in the woods, being 3 foote 
long 2^ p hundred ; 2 foote long 18<i, 14, 15 or 16 inches long 
O'ljbutt if defective, price accordingly. Hewing and shooting 
shingle, well done 3 foote nott above a — , 2 foote nott above 
9^ p 100, 14, 15 or 16 inches nott above 7*^ p hundred. 
Lathing and laying shingle, squar worke w'h sawen laths 3 
foote A 2 foote 14, 15 or 16 inches long, lO'' p hundred — If 
hewed sliingle 11«^ p hundred. If there be diui's gutters to be 
laid, then together IS^ p hundred. Lime well burnt, vnslaked, 
brought by water to the landing place for the towne, by the 
bushell heaped, nott above 7*^, l)y the hogshead full gaged con- 
tayning 8 bushells 4% and the lyme so putt in thatt when the 
h\\^ is carted fro the water to the place where itt shall be vsed 
itt may remaine full. 

Plastering, for drawing and carrying water, scaffolding, 
lathing, laying and finishing the plastering, provideing and 
paying his laboi'er, haveing the lime, clay, sand, hayre, hay 
w^h materialls for scaffolding layd neare the place. 

By the yeard for seeling 4 — ob, for side walls, being whole 
or in great paines 4^, betwixt the studs, the studs not measur- 
ed, 5'' — ob. rendi'ing betwixt the studs 2'K 

Dyett for a labo''ing man w^h lodging and washing 4^ — 6-^ 
l:)y the weeke Venison sould by the English, if fatt, not above 
2'^ — ob p pound, if leane 2«^ p pound, fowle a pportionablo 
abatem* to whatt was sett last yeare. 

All comodityes bought and sould among the planters, and 
all worke wages and labo"" (hence forward, till some other 
course be settled by order,) to be payd for either in corne, as 
the price goeth in the plantatio, or in worke as the rates set- 
tled by the Court, or in cattell of any sort as they shall be in- 



56 NEW HAVEN COLONY RECORDS. [1641 

differently prized, or in good marcli'aljle bever according to its 
goodnes ; and paym^ to be made att the times w^li shall be 
agreed vpon. 



[25] A Court holden the T^h of the S^'i Moneth 1641. 

Att Newhaven. 
. Nicholas Tanner haveing ingaged himselfe to pay vnto Mr. 
Bryan three ponnds about three moneth agoe w<=h he hath nott 
yett pformed, wherevpon Mr. Bryan desired the justice of the 
Court. And the said Nicholas did pmise to the said Mr. 
Bryan thatt he would give him good security before the next 
Court, wf^h Mr. Bryan accepted. 

Arther Halbidg was allowed to take worke by the great vpo 
good behavior. 

Mr. Browning being ma^ of a watch, and neclecting to 
warne the watch, so as itt was neclccted, was fined lO'^. 

An inventory of Goodman Luckings dcliufed into the Court. 



Att a Court held att Newhaven the 4*'' of the 6^ m: 

1641. 

John Seckett servant to Mrs. Stolyo for goeing about to 
slaunder and reproach his said Mrs, was admonished to tender 
to his Mrs such satisfactio as she might accept, w^h was refer- 
red to Mr. Goodyeare to determine. 

George Warde ingaged his house to satisfie Mr. Huitt for a 
bill of debt and to satisfie Thomas Laude for a dcl)t of 4' allso. 

Andrew Low jun"" for Saboth breaking, lying and stealing 
was severely whipped, and ordered to weare a lock. 



A Gen"^!' Court held att Newhaven the 30'1' of the 6' mon : 

1641. 
AVhereas there was a purchase made by some pticular psons 
of sundry plantation in Delaware Bay, att their ownc charge, 
for the advancm^ of publiquc good as in a way of trade, so 



1641] NEW HAVEN COLONY REC0ED8. 57 

allso for the settling of churches and plantations in those pts, 
in combinatio w'h this. And therevpon itt was propounded 
to the Geni"!' Court w'her plantations should be settled in 
Delaware Bay, in combinatio w'h this towne, yea or nay, and 
vpon consideratio and debate itt was assented vnto by the 
Court, and exp^ssed by holding vp of hands. 

So far as Captaine Turner hath refference to the civill state 
and imployed therein, pvided thatt his place be supplyed in his 
absence, the Court hath given free liberty to him to goe to 
Delaware Bay for his owne advantage and the publique good 
in settling the affayres thereof. 

Itt is ordered thatt those to whome the affaires of the towne 
is comitted shall dispose of all the affayres of Delaware Bay, 
according to the intent of the agreem' for combinatio w'h this 
towne in settleing plantations and admitting planters to sitt 
down there. 

Mr. Goodyeare propounded his purchase of Mr. Farretts 
Hand* to the towne, butt itt was nott accepted. 

Itt is ordered thatt the survayers shalbe payed for all the 
meadowes, creekes, and ponds w<=h they survay, thougli itt be 
cast in for or above allowance w'hout measure. 

Mr. Craine resigned Mr. Hickocks lott into the townes 
hands. 



Att a Court held the 1* of the 7^^ Moneth 1G41. 

xiTT NeWHAVEN. 

Francis Hall being complained against by Luke Attkinson 
for w'hholding fro him some mony justly due to him, he was 
injoyncd by the Court to make satisfactio to the said Luke 
forthw'h. 

* Now called Shelter Island. Mr. Good3'eare purchased it of Mr. Farrett May 18, 
1641, and sold it June 9, 1651 to Thomas Middleton, Thomas Rouse, Constant Sylves- 
ter and Nathaniel Sylvester, for 1600 lbs of good, merchantable Muscovado Sugar. 

Thompson's L. L, 2d ed., vol. L, 118, 364. 



58 new haven colony records. [1641 

[26] Att a Court holden the 6^ of October 1641, att 

Newhaven. 

Itt is ordered that Edward Harwoode shall pay to Leivtent 
Seely (for takeing his cainiow w'hoiit leave,) tAventy shillings. 

Mr. Wilks being accused Ijy his man John Davis for force- 
ing him to he bound after he came on shiplioard halfe a yeare 
longer then his father had consented to before, and agreed 
w^h the said Mr. Wilks for, butt the said John Davis being 
defective in the proofs of his accusatio, and Mr. Wilks want- 
ing his witnesses to prove his innocencie, itt is ordered thatt if 
the said Mr. Wilks doe nott make it appeare by witnes (thatt 
his agreem* was for 4 yeares and a halfe) betwixt and the last 
of September come 12 moneth after the date hereof, he shall 
pay vnto the said John Davis 20^ for every moneth so long as 
he stayes w'h him above 4 yeares. 



Att the Gen""!! Court of Elections held att Newhaven 
THE 27"' of Octo: 1641. 

Mr. Craine of this church, and Andrew Warde and Francis 
Bell of Rippowams, admitted members of this court and re- 
ceived the charge of freemen. 

Mr. Eaton and Mr. Goodyeare chosen magistrates of this 
towne. 

Thurston Rayner chosen constable for Rippowams to order 
sucli busines as may fall in thatt towne according to God, for 
the next ensueing year, butt is nott to be established in his 
office till he have received his charge fro this Court and testi- 
fied his acceptance thereof to this Court. 

Mr. Gregson, Mr. Rol)* Newman, Mr. Gilbert and Mr. 
Wakeman chosen depiityes for this plantation. 

Tho : Fugill chosen secretary. 

Rob* Seely chosen marshall. 



1641] NEW HAVEN COLONY RECORDS. 59 

A Court held att Newhaven the 3'i of Novem: 1641. 

Whereas Rob^ Johnson maketh clame to the house and lott 
of his brother John Johnson, late planter of this towne de- 
ceased, by vertue of a contract betwixt them, the Court liave- 
ing debated itt and nott findeing itt ripe for issue, itt was 
ordered thatt those thatt can give best light about itt should 
ripen their app''hcnsions so as they may be able to make oath 
of AYhatt they can testifie concering itt, w^h may stand vpon 
record for posterity. 

David Anderson for his contempt of authority in carrying 
away a delinquent contrary to order and his owne pmise, was 
fined 20^ 

Itt is ordered thatt an attachm'^ be sent forth to distraine 
the goods of Mr. Trobridge, to pay the townes rates, and to 
satisfie the demaunds of those psons to whom he is indebted, 
as Mr. Gregson 20i, Mr. Whitfield 20i, w^h divers others of 
this town. 

Itt is ordered thatt every one thatt have beene in the 
watchs shall pay to Steven* the drum'' and Jarvis Boykin 
nine pence a peece for a yeare and a lialfe ending the first of 
Decem : next ensueing. 



[27] A Gen^ii Court held att Newhaven the 29" of 
Novem: 1641. 

Richard Miles and Roger Allen admitted members of the 
Court. 

Itt is ordered thatt so many of those (who have the small 
lotts by the sea side) as will resign their land beyond the East 
River shall have 6 acres for every single pson, 8 acres for man 
and wife, and one acre for every cliilde, att the farre end of 
the Great Plaine in lew thereof, provided thatt vpon veiw itt 
be layde out so as the townes occasions may be accomodated 
w^hout pt'judice to the towne, and if any remove, they shall 
onely sell improvem'^^ 

* Stephen Metcalfe. 



60 NEW HAVEN COLONY RECORDS. [1641 

Itt is ordered thatt Wequash shall have a sute of cloths 
made att the towiies charge.* 

Itt is ordered thatt the townes rates shall l)e payd in come 
att 2^ 4<i a bushell by all those who chuse to pay their rates in 
Indian corne. 

Itt is ordered thatt if any shall furnish the Indians, whether 
directly or indirectly, w'h any amunitio whatsoever, shall pay 
for the first default 5' fine, and afterward att the discretion of 
the Court. 

Tho : Fugill is allowed his 2'' divisio att the foote of the 
West Rock of the cleare ground w^h is there, or so much of 
itt as he desires, according to his proportion.! 

Itt is ordered thatt all the voyd lotts, belonging to absent 
psons shalbe fenced att the townes charge untill the psons 
come thatt shall possesse them, and tlicn all the charges to be 
retourned by the owners, and l^ro : Andrewes and bro : Moun- 
son are to see thatt the fences be done well according to the 
order of the Court. 



A Court held att Newhaven the 1^ of Decem: 1(341. 

Itt is ordered thatt the firkin of butter w^h Mr. Wilks tooke 
vp shall be left in the hands of bro : Ponderson, (or the valine 
thereof) and remaine there till some cann challeng itt by the 
marke. 

Itt is ordered that Goodin Hall shall have lilierty to dispose 
of the children w^h he brought ou'' till the Court have light 
to dispose otherwise of them, provided thatt they be well 
looked vnto and well vsed. And Goodma Hitchcock who is to 
have one of them is to pay to the Treasurer what is due for 
the boy, and Goodin Hall is to be payd out of itt whatt is due 
to him. 

* " One Wequash Cook, an Indian living about Connecticut river's mouth, and 
keeping much at Saybrook with Mr. Fenwick, attained to good knowledge of the 
things of God and salvation by Christ, so as he became a preacher to other Indians, 
and labored much to convert them, but without any cflect, for within a short time he 
fell sick, not without suspicion of poison from them, and died very comfortably." 

Sav. Winth. II. 74 sul anno 1642. 

t See page [133.] It was for falsifying this order by omitting the words " accord- 
ing to his proportion," that Fugill was excommunicated and deprived of his place, in 
1645. 



1641] NEW HAVEN COLONY EECORDS. 61 

A Court held att Newhaven the 5''' of Jan: 1641. 

Itt is ordered tliatt all the goods of Mr, Trobridg w^li re- 
maine shall be attached to satisfy the demauiids of the psous to 
whom he is indel)ted, namely Mr. Perry, Mr. Craine 10' and 
damages, Hen: Gil^bons and Mr, Caine of Boston, 

Tho : Badger being accused and convicted for defileing liim- 
selfe by divers vncleane passages w^li one of his ma""® children 
not above 6 yeares of age, was whipped att a carts arce about 
the towne to make his punishment examplary. 



[28] A GENrii Court the 25ti' of 12t'' Mon: 1641. 

Mr. Malbon and Goodman Ives admitted members of the 
Court and received the charge of freemen. 

Francis Browne, Thomas Morris, Abraham Smyth, Will 
Russells, Thomas Beamont, John Wilforde and Goodma Pigge 
are allowed to have their land in the Plaine, amongst the rest 
of their neighbo''s. 

Itt is ordered thatt Mr. Rol)' Newman, Mr. Francis Newma 
Thomas Mounson and Adam Nicholls shall veiw the como way 
to the Plaines, and afterward itt is to be ordered so as may be 
most comodious for the publique good. 

Itt is ordered thatt the Neck bridge shall be repaired forth- 
w^h, and thatt as speedy ly as may bee a cart bridge be made 
ouer the West River and another over the Mill river, 

Itt is ordered thatt a cart bridge be made over the East 
River allso, as soone as conveniently may be after the other 
two bridges are fully finished, onely itt is referred to con- 
sideraco w'her the towne will beare the whole charge, or dis- 
burse a hundred pounds towards itt and lett the rest be borne 
by those thatt have their lands on the east side, and in con- 
sideraco thereof, allow them the liljerty and proffitt of fishing 
and the towne to stand to the repair of the said bridge, 

Itt is ordered thatt the lawes form'ly made concering wares 
and works shall fro .hence forwarde be voyd and of no force 
till the Court see cause to the contrary. 

Itt is ordered thatt all the voyde lotts in the towne shall be 



62 NEW HAVEN COLONY RECORDS. [1641 

reserved for those for whom they were intended till the come- 
ing of the first ships, and if then y^ persons come nott for 
whom they are so reserved, the towne may dispose of them as 
they see cause, and itt is to be considered by the Court what 
is equall to be allowed for the improvem** vpon them. 

Itt is ordered thatt a free schoole shall be sett vp in this 
towne, and o'' pasto'" Mr. Davenport, together w^h the -magis- 
trates shall consider whatt yearly allowance is meete to be 
given to itt out of the como stock of the towne, and allso 
whatt rules and orders are meet to be observed in and aljout 
the same. 

Itt is ordered thatt the como feild called the oyster shell 
feild shall be lett to such psons whose p''sent need requires itt, 
the ordering and disposeing of w^h is referred to the magis- 
trates and deputy es. 

Bro: Tompson,bro: Clarke, bro: Miles, bro : Wakem, bro: 
Atwater, bro: Francis Newma, bro: Rob^ Newma, bro: Perry 
and bro: Craine are desired to know the mindes of their 
severall quarters, how many are contented to exchang their 
land in the neck for land in the oxe pasture. 

Brother Davis sute for a little additio of land to be added to 
his proportio in the plaines, to save him some charge in 
fencing was granted by the Court. 

Itt is ordered that none shall hant their hoggs thatt way 
where their land lyes nott, butt to endevo'' as much as may be 
to haunt them thatt way where their 2*^ divisio lyes. 



[29] A Gen""" Court held at Newhaven the 2'^ of the 
1' Moneth, 1641, about Geor: Spencer. 

Francis Browne admitted member of the Court and received 
the charge. 

The 14t'> of February, 1641, John Wakeman a planter and 
member of this church acquainted the magistrates thatt a sow 
of his w^h he had lately bought of Hen : Browning, then w'h 
pigge, had now brought among divers liveing and rightly 
shaped pigs, one pdigious monster, w^h he then brought w^li 
him to be veiwed and considered. The monster was come to 



1641] NEW HAVEN COLONY RECORDS. 63 

the full growth as the other piggs for ought could be discerned, 
butt brought forth dead. Itt had no liaire on the whole body, 
the skin was very tender, and of a reddish white coUour like a 
childs; the head most straing, itt had butt one eye in the 
midle of the face, and thatt large and open, like some blem- 
ished eye of a man; over the eye, in the bottome of the fore- 
heade Wh was like a childes, a thing of flesh grew forth and 
hung downe, itt was hollow, and like a mans instrumt of 
gen^ation. A nose, mouth and chinne deformed, butt nott 
much vnlike a childs, the neck and eares had allso such 
resemblance. This monster being after opened and compared 
w'li a pig of the same farrow, there was an aparant difference 
in all the inwards. Some hand of God appeared in an impi'ssion 
upon Goodwife Wakemans speritt, sadly expecting, though she 
knew nott why, some strange accedent in thatt sows pigging, 
and a strange imp'"ssion was allso upon many thatt saw the 
monster, (therein guided by the neare resemblance of the 
eye,) that one George Spencer, late servant to the said Henry 
Browning, had beene actor in unnatureall and abominable 
filthynes w^h the sow, thus divers upon the first sight, ex- 
pressed their apprehensions w^hout any knowledge whatt con- 
jecture others had made. The foremenconed George Spencer 
so suspected hath butt one eye for vse, the other hath (as itt is 
called) a pearle in itt, is whitish & deformed, and his deformed 
eye being beheld and compard together w'h the eye of the 
monster, seamed to be as like as the eye in the glass to the 
eye in the face ; the man had beene form^ly notorious in the 
plantatio for a propliane, lying, scoffing and lewd speritt, as 
was testfyed to his face, butt being examined concerning this 
al)ominatio, att first he said he had nott done itt thatt he knew 
off, then denyed itt, butt being comitted to prison, partly on 
strong probabilities of this fact, and ptly for other miscar- 
riages, the same evening, being the 24'^h Qf February as above, 
Mr. Goodyeare, one of the magistrates, went to the prison, 
found Sam: Martin and another yong man talking w'h the 
said Georg Spencer, he asked him if he had nott comitted 
thatt abominable filthynes w4i the sow, the prison^ att first 
denyed itt. Mr. Goodyeare asked him whatt he thought of 



64 NEW HAVEN COLONY RECORDS. [1641 

the monster w^h had beeiie shewed him, whether he did not 
take notice of something in itt like him, the prison"" after a 
little pause asked the magistrate whose sow itt was, who re- 
plyed, he knew best himselfe, att w^h the prison'' was againe 
silent, the magistrate apprehending in the prisoner some re- 
lenting, as a preparatio to confession, remembred him of thatt 
place of scripture, he thatt hideth his sin shall not prosper, 
butt he y' confesseth and forsaketh his sins shall finde mercie, 
and asked him if he were nott sory he had deuyed the fact 
wh. seemed to be witnessed fro heaven agst him. The p^'son'" 
answered he was sory and confessed he had done itt, butt as 
Mr. Goodyeare was going away, the p^son"" tolde Sam : Martin 
what he had confessed to Mr. Goodyeare was for fauo"", there- 
upon Sam : Martin called Mr. Goodyeare back. Mr. Goodyeare 
retourning, asked the prison"" if he said soe, who said no, 
affiring yt Sam: Martin mistook him, Mr. Goodyeare de- 
maunded of him whether had comitted the fact yea or no, he 
answered he had done itt, and so Mr. Goodyeare departed. 

The 25th of Febr. ItUl, both the magistrates w'h divers 
others went to the prison to speake w'h the prisoner, wished 
him to give glory to God, in a free confessio of his sin, he 
againe confest the bestiality before men coned, said he had 
comitted itt while he was in Mr. Brownmgs service, and in a 
hogstie of his ; yett Mr. Goodyeare after going to him, he att 
first denycd the fact, but Rob' Seely the marshall thereupon 
minding him of w' he had confest to him, he againe freely 
confessed the fact, butt said he had nott done itt in the stye 
w^h Mr. Goodyeare spake off, butt in a stye w'hin a stable be- 
longing to Mr. Browning. And thatt he, the said Geo : Spen- 
cer being there att workc, the sow came into the stable, and 
then the temptatio and his corrupti(3 did worke, and he drove 
tlie sow into the stye, and then comitted thatt filthynes. 

The 2Gt'' of Feb: Mr. Eaton and Mr. Davenport going to 
speake w4i the prisoner, Mr. Goodyeare came to them and in 
the presence of Goodman Mansfield, Will Newma, Tho: Yale, 
Theophilus Iligginson, Joh : Brocktt and others, questioned 
him more perticularly concerlng the beastiality, namely liow 
long the temptatio had beenc upon his spcritt before he comit- 



1641] NEW HAVEN COLONY RECORDS. 65 

ted itt ; he answered itt had beene upon his speritt 2 or 3 dayes 
before ; being asked w^ workings he had w'^hin him att thatt 
time, he said he found some workings against itt, botli fro the 
haynousnes of the sin and the loathsomenes of the creature ; be- 
ing asked whether he did nott in thatt time seeke help fro God 
against tlie temptatio, he said no, if he liad he thought God 
would have helped him ; being asked whether he did nott vse 
to pray to God, he answered he had not since he came to New 
England w<^h was betweene 4 or 5 yeares agoe, in Engl [and] 
he did vse to pray, butt itt was onely in his bed ; being asked 
in w*^ manner, he answered [he] said (Our Father &c) ; being 
asked whether he did nott read the scriptures he answerc[d] 
his mar p^tt him upon itt else nott, being asked whether he 
[30] found nott some workinge [upon hmi] \\ in the publique 
ministry, he answered sometimes he had some workings, butt 
they did nott abide w*h him, being asked how long he was in 
the stye w*h the sow, he said about 2 bowers ; being asked 
about w' time, he said about 6 a clock in the evening, when 
the sun was sett, and the day light almost shutt in ; being 
asked w* itt was in the monster thatt did aifect him, he an- 
swered the whitnes in the eye ; being charged fro the testimo- 
ny Wh had beene given by sundry person who had conversed 
w*h him, wt^h a prophaine, atheisticall carryag, in unfaithfull- 
nes and stubornes to his ma% a course of notorious lying, 
filthnes, scoffing att the ordinances, wayes and people of God, 
he confest miscarryages to his mai", and lying, and thatt he 
had scoffed att the Lords day, calling itt the Ladyes day, butt 
denyed other scoffing, wicked and bitter speeches witnessed 
against him, and other form"" acts of filthynes, either with In- 
dians or English, w^h out of his owne mouth were charged 
upon him. On the Lords day, being the 27'^ of Feb: he 
caused a bill to be putt up, intreating the prayers of the church 
to God on his behalfe, for the pardon of the sinns he had com- 
mitted, and confessed, professing he was sory he had greived 
the magistrates in denying itt, acknowledging thatt Satan had 
hardened his hart both comitt and denye it. 

9 



66 NEW HAVEN COLONY RECOEDS. [1641 

Att a GENfii Court held att Newhaven the 2'^ of March 

1641. 
. George Spencer being brought to the Barr and charged as 
wUi other crimes so w4i the foremenconed beastiality, and the 
monster shewed, upon W^h God from heaven seamed both to 
stamp out the sin, and as w^h his finger to single out the 
actor; being wisht therefore, as he had done before many witt- 
nesses formerly, so againe, by confessio to give glory to God ; 
butt he impudently and w'h desperate imprecation against 
himselfe denyed all thatt he had formerly confessed, where- 
upon the form"" perticulars were fully testified in open Court 
to the prison" face by the persons before menconed respective- 
ly, and other testimonyes was added, namely, Rob* Seely the 
Marshall affirmed thatt the prison"" did dictate to him the 
foremenconed bill by w^h he desired the prayers of the church 
for the pardon of thatt beastiality, professing therein thatt 
Satan had sometimes hardened his hart to deny itt, and yt on 
the Lords day att night after he had heard himselfe prayed 
for in the congregatio, he againe confessed the fact to him, 
and seamed to be greived for the sinne, and some teares fell 
from the prison ""^ eyes greiving as he said thatt he had denyed 
itt. 

Ezechiell Cheevers aftirmeth thatt the next morning after 
the aforesaid Saboth, being the 28 of Feb: the said Georg 
Spencer tolde him thatt he founde his hart more softned then 
itt had l)eene, and thatt the Lord had given him a sight of his 
sinne, and he hoped he would lett him see itt more. 

Richard Malbon affirmed thatt the prison'' confessed the 
fact to him in the p''sence of Tho : Yale and "Will Newma, and 
added thatt if he had nott confessed itt, yett itt was true, and 
God knew itt though he should denye itt, and the said Richard 
Malbon att another time turned him to thatt scripture Livit 
20. 15. ad bid him make apply catio of itt to the marshall 
whom he left w^h him, the marshall affirmeth thatt when the 
said Rich: Malbon was gone, the prisoner tolde him thatt 
thatt scripture stroke like a dagger to his hart. 

Will Harding, a sawyer, and one thatt was suspected by 
some in Court to have given the prisoner evill councell, testi- 



1641] NEW HAVEN COLONY RECOEDS. 67 

fyed to the prisoners face in Court, tliatt the prison^" had said 
to him the said Harding thatt Thomas Badgers sin was worse 
then his, for Badger lay w'h a Christian, butt himselfe the 
prisoner, lay butt w'h a rotten sow, and the p^sonr being then 
asked by him the said Harding, how he could make the sow 
stand, ho answered well enough, & being asked when he did 
comitt the sin, he answ^ he did itt since he came from Con- 
nectecutt. 

Will Aspenall affirmeth thatt he confessed the sinne to him, 
and being asked att whatt time he did itt, he said after he 
came from Connectecutt, in Mr. Brownings stable. Will 
Aspenall objected how could thatt be, seeing he was nott then 
in Mr. Brownings service, he said he had busines there ; being 
asked whatt busines,' he was silent. 

Will Bladen testified thatt the prisoner confessed the sinne 
to him, being asked if he did itt butt once, the prisoner an- 
swered he had done itt butt once ; to this testimony the pris- 
oner replyed in Court, Itt is true Will, thou hast cleared thy- 
selfe. 

Robt Newman and Mathew Gilljert testified thatt the pris- 
oner did confess itt to them, they asked how his conscience 
wrought while he was acting itt, and whatt pleasure he 
founde, and how long he was acting itt, he answered about- 
halfe an bower, and itt was the most terrible halfe hower thatt 
ever he had, they asked how he could doe itt if he had no 
pleasure in itt, he answered he was driven by the power of the 
devill and the strength of his [corr]uptio to doe the thing. 
[31] II John Clarke testified thatt he had beene w'h the said 
Georg Spencer in prison, and asked him whether he did comitt 
thatt sin of beastiality charged upon him, the prisoner answ*^ 
yea; he the said John Clarke asked him againe, butt did you 
doe itt, he answered I did doe itt ; againe John Clarke asked 
him, butt did you doe itt, he answered the third time, he did 
doe itt. John Clarke replyed, though there were none thatt 
knew of it butt yo^ owne selfe, and thatt yo"" confessio might 
prove dangerous to you, yett would you confess itt, he an- 
swered thatt he did doe itt. John Clarke asked him, if he 
were not drawne to confess itt in hope of favo"", and said did 



68 NEW HAVEN COLONY RECORDS. [1641 

you doe itt, he answered he did doe itt ; then John Clarke 
asked him, why he had denyed itt to the magistrates, tlie pris- 
oner answered thatt he had nott denyed itt to the magistrates, 
butt onely said he did nott know thatt he did itt. John Clarke 
asked him why he did now confess itt, he answered because 
he did doe itt. 

Roger Alen testified thatt he was pi'sent when the former 
discourse passed betwixt John Clarke and the prisoner, and 
thatt he the said Roger Alen asked the prisoner why he con- 
fessed the fact, he answered because he did doe itt, and the 
monster was like him. Roger Alen further testified thatt the 
prisoner sent for him, as one he knew in olde England and 
thatt knew his friends, and, as the prison"" said, w^h a purpose 
to deny the fact, yett when the said Roger Allen came, the 
prisoner rcconed up many sins of W^h he was guilty, against 
his parents and against his maister, and att last named this 
abominable fact w^h he wondered att, having sent for him w4i 
a contrary purpose. 

Rob* Ceely the Marshall added to his former testimony, 
thatt having in prison heard the said George Spencer deny the 
fact after so many confessions, and after he had intreatcd the 
prayers of the church for the pardon of thatt perticular sinne, 
the said Robert Seely asked him, how he durst mock God in 
putting up a bill desiring the congregatio to pray for the pardon 
of thatt sinne W^h now he denyeth. The prisoner, after some 
pause, confessed to him thatt he did comitt the fact, and desired 
him to looke upon him as one acted by the devill in denying itt. 

This clearc and plentifuU testimony and evidence being 
given in Court to the prisoners face, out of his owne mouth, 
thatt he had freely and often confest the the fact w^li the scir- 
cumstances and his confession concurring w'h the worke of 
God, as itt were poynting him out in the monster, the prison*" 
was asked whatt he had to say against the wittnesses, or against 
their testimony, he answered thatt the witnesses did him 
wrong, and charged things upon him w^li he had nott spoken. 
"Whereupon the Court, (though aboundantly satisfied in the 
evidence, and the prisoner having att sundry times upon ex- 
aminatio confest the fact to the magistrates,) yett began to 



1642] NEW HAVEN COLONY RECOEDS. 69 

examine the witnesses upon oath. Whereupon Robert New- 
man, Mathew Gilbert, John Clarke and Roger Alen upon oath 
did confirme the evidence they had before given, and others 
were ready to doe the like, butt the prisoner stopped the 
course, confessing what they had testified was true, and by 
him had beene spoken to them, yett obstinately and impudent- 
ly persisted to deny the fact. 

The Court, weighing the premises did finde and conclude 
the prisoner to be guilty of this unnatureall and abominable 
fact of beastiality, and thatt he was acted by a lying speritt in 
his denyalls. And according to the fundamentall agreem'^, 
made and published by full and gen""'' consent, when the plan- 
tatio began and government was settled, that the judiciall law 
of God given by Moses and expounded in other parts of 
scripture, so far as itt is a hedg and a fence to the morrall law, 
and neither ceremoniall nor tipicall, nor had any referrence to 
Canaan, hath an everlasting equity in itt, and should be the 
rule of their proceedings. They ju.dged the crime cappitall, 
and thatt the prisoner and the sow, according to Levit. 20 and 
15, should be put to death,* butt the time of executio, and the 
kinde of death were respited till the next Gen""!! Court. 

[Page 32 of the original is blank.] ^ 



[33] A Gen''11 Court the 6th qf the 2*i Moneth, 1642. 

Brother Davis and bro : John Nash admitted members of the 
Court and accepted the charge of freemen. 

Mr. Mitchell and John Whitmore of Rippowams was allso 
admitted members of this Co^t, and accepted the charge of 
freemen. 

Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman 
chosen deputyes for the halfe yeare next ensueing. 

The plantatio of Rippowams is named Stamforde. 

Whereas the Deputyes for Stamforde complaine thatt their 
plantatio are att some difference w^h the Indians, and there- 

* It would appear from Winthrop, H. 61, that he was not condemned to death 
without advice from Massachusetts, and some other places. 



70 NEW HAVEN COLONY EECORDS. [1642 

fore require help of advice fro this Court how to carry towards 
them, Itt is therefore ordered, thatt the magistrates and dep- 
utyes for this plantatio shall advise w^h the aforesaid deputyes 
of Stamforde whatt course may hest conduce to their peace 
and safety. 

John Touttle of Yennycok, deputed by the Court to be con- 
stable to order the afFayres of thatt plantatio, the time being, 
till some further course be taken by this Court, for the settling 
a magistracie there according to God. 

Itt is ordered thatt every planter shall pay the drumer his 
last yeares wages forthwUi (viz) 6^ a peece for every one thatt 
is in the watches, and his wages due to him for this yearc to 
be payd in October next ensueing. 

Itt is ordered that Mr. Malbon shall order the watches and 
all the martiall afifayres of this plantatio dureiug Captaine 
Turners absence. 

Itt is ordered thatt every first Wednesday in Aprill and 
every Wednesday in the last whole weeke in October shall be 
a Genrii Court held att Newhaven for the plantations in com- 
bination "w^h this towne. 

Itt is ordered that from hence forwarde the woods and 
meadowes^hall be burned the tenth of March every yeare, and 
therefore every man is to take care to secure any thing thatt 
is his, w^h may be in danger of burning, either in the woods 
or meadowes. 

Itt is ordered thatt no yong men shall live by themselves in 
cellars, butt betake themselves to such famylyes as the ma^^^ 
thereof may nott onely watch over them, butt be able to give 
and account of or concerning them or their conversatio when 
they shall be required. 

George Spencer, the prisoner, being brought forth, was de- 
maunded whether he would yett give glory to God in owning 
his guilt in thatt loathsome sin of beastiality wherein God from 
heaven had seemed to single him out, and himselfe so often, 
and before so many witnesses had made acknowledgm*, butt 
he retayning his form"" obstinacie, peremtorily denyed itt, 
whereupon Rob* Newman and John Clarke gave in evidence 
in Court to his face, thatt since he was sentenced to dye, he 



1642] NEW HAVEN COLONY RECORDS. 71 

had fully confessed the fact to them. Att first he denyed thatt 
he had so done, butt they minding him of the passages betwixt 
him and them, he said thatt if he had confessed itt he knew 
nott whatt he said, butt after a while, he acknowledged thatt 
he had confessed itt to them, being asked in Court, why he 
did now deny itt, he answered, because he neither knew 
heaven nor hell. 

Ezechiell Cheevers testified thatt the prisoner had confessed 
the fact to him since he was condemned to dye, and did allso 
professe to him att the same time thatt he would neur denye 
it againe while he lived. The said Ezekiell asked him, what 
people might thinke of him if he should deny itt againe, if 
they might nott justly thinke he was led by the devill, he an- 
swered, they could thinke no lesse, and added, the Lord might 
justly have strucken him dead form^ly, or might have caused 
the earth to have swallowed him upp quick for denying the 
fact in Court, and taking the name of God in vaine, in kneel- 
ing downe and calling God to witness his innocencie, when he 
himselfe knew his guiltiness, all w^h the prisoner acknowl- 
edged he had spoken to Ezekiell Cheevers. 
[34] II Francis Church testified thatt the prisoner had con- 
fessed the fact to him since he was condemned, and tolde him 
thatt he wondred thatt the people of God did nott come to 
him, and thatt he feared there was no hope of him, because 
the people of God did not speake to him as form'"ly they had 
done. 

The prisoner acknowledged in Court thatt he had confessed 
the fact to Francis Church, though he had formerly oft de- 
nyed itt, and further confesseth, that Will Harding, a sawyer, 
had given him c\ill councell to denye itt. 

Being hereupon demaunded in Court whether he would 
yett give glory to God in a free acknowledgm^ of his sinfull 
and abominable filthynes in the beastiality before named, he 
answered he would leave itt to God, adding thatt he had con- 
demned himselfe by his former confessions. 

The Court seriously considering the clearnes of the testi- 
monyes together w^h his answers, were aboundantly satisfied 
and confirmed, both concerning his guilt, and their form'" sen- 



72 NEW HAVEN COLONY RECORDS. [1642 

tence against him, and now proceeded to determine whatt 
time, and what kinde of death he should dye. Itt was there- 
fore by gen^"!! consent concluded and adjudged, thatt on the 
6'h day next, being the 8 of Aprill, he the said Georg Spencer 
shall be hanged upon a gallows till he be dead, the place to 
be the farthest part of the feild called the Oyster-shell field, 
by the sea side, butt thatt first, the foremenconed sow att the 
said place of executio shall be slaine in his sight, being run 
through w4i a sworde. 



The 8th of Aprill, 1642. 
The day of executio being come, Georg Spencer the prisoner 
was brought to the place apoynted by the Court for executio, 
in a cart ; upon sight of the gallowes he seemed to be much 
amazed and trembled, after some pause he began to speake to 
the youths about him, exorting them all to take warning by 
his example how they neglect and dispise the meanes of 
Grace, and their soules good as he had done, in the educatio 
he had from his parents, the goverm' of his religious ma'', and 
the publique ministry he had lived vnder, by all w^^h he might 
have gott much sperituall good, butt thatt his hart was har- 
dened. In perticular he directed and pressed his exhort, upon 
Anthony Stevens, sei^vant to Mr. Malbon, then present, who 
being discontented w^h his condico, as the prisoner had heard, 
purposed to be gone from this place. He tolde him if he went 
from the ordinances he went from Christ, as he had heard itt 
delivered in publique, and many other wordes he vsed to the 
same purpose ; w^li being finished, he was advised to improve 
the small remainder of his time in the acknowledgm* of his 
owne form'" sinfull miscarriages, together w^li the abominable 
lewdnes he had committed w'h the sow there present, and his 
desperate obstinacie in such fearefuU denyalls after such cleare 
and full confession as he had oft made before sundry wit- 
nesses. Att first w^h the acknowledgment of sundry evills, 
both in his yonger-yeares, and in his late service, he joyned a 
denyall of liis fact, butt the halter being fastened to the gal- 
lowes, and fitted to liis neck, and being tolde it was an ill time 



1642] NEW HAVEN COLONY RECORDS. 73 

now to pvoke God when he was falling into his hands, as a 
righteous and seveere judge who had vengeanc att hand for all 
his other sins, so for his impudency and atheisme, he justified 
the sentence as righteous, and fully confessed the beastiality 
in all the scircumstances, according to the evidence in Court, 
and called for one Will Harding, a sawyer there present, who 
coming neare, the prisoner charged upon him the murder of 
his soule, affirming thatt the said William Harding coming 
into the prison to him, had given him councell to deny the 
fact, and had tolde him thatt the Court could nott proceed 
against him, butt by his owne confession, W^h pernicious 
councell had stopped his eare against all wholsome councell 
and advice thatt had, from time to time, beene given him, both 
by Mr. Davenport and others, for his sperituall good, and had 
hardened his hart to such a pcremtory denyall in Court, 
though he had so often confessed the fact more privately, and 
though executio had beene respited betwixt 5 and 6 weeks 
[35] after the || first sentence, and his life so long spared, 
yett the councell of the said Harding had beene a meanes to 
hinder his repentance, and now he was ready to dye, and knew 
no other butt he must goe presently to hell. Harding denyed 
whatt the prisoner charged him w^h, butt the prisoner w^h 
earnestnes confirmed whatt he had spoken, and said he would 
beare witness of itt to the death, and wished Harding to thinke 
of itt, for he was a cause of his souls damnatio. Being desired 
to express somthing what apprehensions he had of the hay- 
nousnes of his sin, as against God, and whatt impressions of 
sorrow were wrought in him for itt, and whatt desires of par- 
don and mercie in Jesus Christ, he could not, though much 
pressed, be drawne to speake a word to any of those purposes, 
and in this frame for ought could be discerned, the sow being 
first slaine in his sight, he ended his course here, God opening 
his mouth before his death, to give him the glory of his right- 
ousnes, to the full satisfactio of all then p^sent, butt in other 
respects leaving him a terrible example of divine justice and 
wrath. 

10 



74 NEW HAVEN COLONY RECORDS. [1642 

[36] Att a Court held att Newhaven the 4th of the 3^ 
MoNETH, 1642: 

Itt is ordered thatt the watches shall be settled forthw^h, 
consisting of 31 watches, 7 men to each watch, the ma" 
whereof receiTcd their charge given by the magistrates. 

Itt is ordered thatt Mr. Evance shall have the 2 trees w^h 
stands before his house, in lew of 2 peeces of timber thatt 
brother Andrews had of his about the meeting house. 

Twoof bro: Wakemans men is excused fro watching for 
the present, because of their imploym' att Pawgasett. 



Att a Court held att Newhaven the It. of June 1642. 

Itt was propounded by the owners of the mill to the Courts 
consideratio whether the towne will take itt into their hands, 
or establish itt in the place and psons hands where it is. 

Mr. Pearce, being ma"" of a watch and neglecting to order 
his watch according to his charge, was onely admonished, 
because itt was the first time that he hath transgressed the 
order in that kinde. 



A Court held the 5* day of the 6*. Moneth 1642. 

"Whereas some goods of Mr. Broadstreets and Mr. Saltings- 
tons were left here by Goodman Quick , Mr. Loudlow desired 
to have an attachm* entred agst the said goods for one debt of 
three pounds and another debt of twenty & two pounds, of 
W^h the Court tooke notice, butt demurred in granting the 
attachm*. 

Itt is ordered thatt if att any time one of the watches be 
broake, and the watchmen devided into severall watches, the 
captaine shall give warning (to those mai's whome itt con- 
cernes) of the alteratio, least there be mistaks as formi'ly. 

Itt is ordered that if any souldier come late on trayning 
dayes, he shall show himselfe to the clarke of the company, 
who is to take notice of his comeing, or else his late comeing 
shall be counted as totall absence. 



1642] NEW HAVEN COLONY EECOEDS. 75 

Josuali Attwater, by reason of his weaknes, is excused from 
traying, yett to serve as clarke to the company ; he is content- 
ed on trayning dayes to take the names of the souldiers, and 
to observe who is absent or defective and p^sent them to the 
Court, and for that end, he is to call the company att 7 a 
clock every traying day. 

Itt is ordered that fro hence forwarde none of the watch- 
men shall have liberty to sleep dureing the watch, 

Itt is ordered thatt on trayning dayes, one man shall stay 
at home in every farme house, to prevent such danger as may 
happen or fall out at the farms if none should be left to keepe 
them. 

Richard Beach for nott perforing covenant in the worke 
w<^h he undertooke to doe att the mill, w<=li he was to doe 
strongly and substantially, butt did itt weakely and sleightly 
as was ivas proved by the testimony of John Wakefield the 
miller, himselfe allso nott denying itt ; Itt was ordered that 
he should make good the damage, butt because the damage 
is not justly known what itt is, Mr. Goodyeare and Mr. Gregson 
are to [ve]iw the worke, and consider off and sett downe the 
damage by his [defec]tive workmanship. 
[37] II Goodman Barker, for neglecting to watch, was fined 
five shillings, and his man for comeing to watch w'hout ponder 
fined Is. 

Samuell, servant to Edward Chipperfield, for comeing to 
watch w*h his armes defective, was fined 2^. 

Mr. Evance is spared fro personall trayning, provided thatt 
he finde a man in his roome, or else pay to the company a 
man's hyre every trayning day. 

A difference betweene Mr. Evance and Goodm Mead is re- 
ferred to Mr. Gilbert and Mr. Gregson w^h the consent of 
both ptyes. 

Samuell Hoskings and Elizabeth,* for their filthy dalliance 
together, w^h was confessed by them both, they were both 
severely whipped. 

* In the margin, " Hoskins and his wife." 



76 NEW HAVEN COLONY RECORDS. [1642 

A Gen''11 Court held att Newhaven the 6th of the 
6 moneth 1642. 

Brother Abbott and brother Whitehead admitted members 
of the Court and received the charge of freemen. 

Robt Ceely chosen leweten^ of the trayned band, & Fran : 
Newma ancient. Bro: Andrewes, bro : Momison, bro: Clarke 
and Goodman Jeffrey es was chosen sergeants. 

Brother Kimberly, bro : Mosse, bro : John Nash, and bro : 
"Whitehead chosen corporalls. 

Itt is ordered that tlie gen^' : trayning dayes shall be ob- 
served once every mon''' : for the whole company, and thatt 
whosoever shall not appeare when he is called, his fine is 1^. 
If totally absent, or dept wUiout leave before the company 
breake up, his fine is 5^ 

Itt is ordered thatt all those thatt have musketts or guns 
shall keepe them still, and the pikes thatt are made shall be 
att the townes charge, and kept for the townes vse and service. 

Itt is ordered that their shall no other mill be built for this 
towne, provided thatt the mill thatt now is be so fitted as thatt 
itt may serve the townes occasion to grinde both Indian and 
English corne well. 

Memord. The Court declared their apprhcnsions thatt itt 
was form^ly ordered thatt a cart bridge should be made over 
the East River att the towns charge next spring. 

Goodma Moulthrop is allowed to have 6 acres of land added 
to his lott in the first divisio, and 12 acres in the 2'^. 

Itt was ordered thatt one of the squadrons in course, shall 
trayne every last day, except onely thatt weeke in w'^h the 
gen''iJ trayning is (wh is to be every fift weeke,) and whoso- 
ever shall come late to those weekly traynings, his fine is 6^. 
If totally absent, his fine is 2^-6^. He y^ shall come after the 
second drum hath left beating, shall be accounted a late 
commer. 



1642] NEW HAVEN COLONY RECOEDS. 77 

[38] A Court held att Newhaven the S^i of the 7^^ 

Mon: 1642. 

Mathew Wilson, for killing a dog of Mr. Perryes mllfiilly 
and disorderly, finde 20^. for his disorder, and ordered to pay 
20^. damage to Mr. Perry, w^h 40^. Edward CliipiDerfield vn- 
dertooke to see payd by the last of September next. 

John Lovell, the miller, for sinfnll dalliance w^h a little 
wench of Goodm Halls, was whipped. 



A Court the 7^^ of Sept. 1642, held att Newhaven. 



Tho : Pell and attournay for the executo'" of Richard Jew- 
ell, demaunded the remainder of the tearme of nine yeares w'^h 
Thomas Toby late servant to Jerymy Whitnell, w<=h bound by 
covenant to serve w^h the said Richard Jewell as appeared by 
his indenture, wherevpon the Court w'^h the consent of the 
ptyes, referred to Captaine Turner and Mr. Evance to consider 
of and sett downe what damage the said Richard Jewell might 
have in his disbursm^^ and adventures about the said Thomas 
Toby, thatt what appeares to be equall may be retourned to 
the executo''s of the said Rich : Jewell out of the wages of 
the said Tho: Toby. 

Thomas Dickinson, being convicted of stealing divers things 
from severall psons, as Mr. Goodyeare, Mr. Evance and others 
(who had imployed and intrusted him w*h many things and 
businesses) and for diverse other notorious crimes, as lyeing 
and counterfeating, and denying his name <fec, his sentence 
was to be severely whipped, and to make two folde restitutio 
for all thatt is proved against him or confest by him to be 
stolen by him, and to work in irons vntill he have done the 
same, and given satisfactio for other debts W^h he owes in the 
towne. 

Samuell Hoskins and Elizbeth Cleverley, being desireous to 
joyne together in the state of marryage, and nott being able 
to make prooffe of their parents consent, butt seeing they both 
affirme they have the consent of their parents, and w^h all 
haveing entred into contract, sinfully and wickedly defiled 



78 NEW HAVEN COLONY RECORDS. [1642 

each other w^\\ filthy dalliance and vncleane passages, by w'^h 
they have both made themselves vnfitt for any other, and for 
w<=h they have both received publique correctio, vpon these 
considerations, granted them liberty to marry. 



[39] A Gen«"11 Court held att Newhaven the 17^^ of 

Sept. 1642. 

Itt is ordered thatt when any allarum is made upon the ap- 
proach of any enemy, every souldier in the towne is to repaire 
to the meeting house forth with, and nott to loose time in 
attend-ing his owne private concernments, except onely in 
case of some present assault in or neare the place where he 
is, or at least some discovery of Indians comeing in a hostile 
manner. 

Itt is ordered thatt in case of any expiditio against the 
Indians, whosoever the captaine or leivetennant shall thinke 
meete to send forth vpon service (w'h approbatio of the mag- 
istrates) shall forthwUi goe w^hout any further dispute, and 
judge themselves called to goe, though itt should be to the 
extreame hazard of their lives, and if any man shall refuse 
to goe iipon such a call, the magistrates is to pressc him to 
goe, whether he will or no. 



A GENf" Court of Elections the 26'^ op the 8'^ Moneth, 
1642, ATT Newhaven. 

Mr. Eaton and Mr. Goodyeare are chosen magistrates for 
this towne this ensueing yeare. 

Goodman Warde of Stamforde, is chosen constable for 
Stamforde this ensueing yeare. 

Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakema are 
chosen deputyes for this ensueing yeare to assist in the Courts 
by way of advice, butt nott to have any power by way of 
sentence. 

Mr. Gregson is chosen Treasurer. 

Thomas Fugill is chosen Secretary. 



1642] NEW HAVEN COLONY RECORDS. 79 

Robert Ceely chosen Marshall. 

Itt is ordered thatt the magistrates and deputyes wtli Cap- 
atane Turn^ and Leivetennant Seely, shall advise w^h the 
deputyes of Stamforde, how they may carry towards the In- 
dians about them, who have comitted divers insolencies and 
injuries to the people there. 

Itt is ordered thatt whosoever findes any things thatt are 
lost shall deliver them to the marshall to be kept safe till the 
owners challeng them. 



[40] A Court held att Newhaven the 2^ of Nouem: 

1642. 

Whereas there hath beene two attatchments out, in the 
hands of Mr. Gregson, the one in the behalfe of Mr. Pocock, 
and the other on the behalfe of Mr. John Evance of Newha- 
ven, concerning some goods left here by Mr. Owen, Itt is 
therefore ordered thatt those attatchments shall nott take away 
the said goods from this place, untill this Court have scene 
and determined the equity of those attatchments. 

Att the request of Mr. Malbon, Itt is ordered that an attach- 
mente be sent forth to detaine all the goods left in the hands 
of Captaine Turner by Mr. Owen, vntill the Court have or- 
dered concerning them. 

Forasmuch as the causway to the west side beyond the 
bridge is damaged by the cowes goeing thatt way, before the 
workemen had fully finished the same, Itt is therefore ordered, 
that John Wakeman, Josuah Attwater, John Clarke and An- 
thony Tompson shall veiw the damage, and sett downe whatt 
in their judgm^^ they conceive is for the workemen to have 
in way of satisfactio. 

Itt is ordered thatt if their be any goods due to John 
Woollen in the marchants hands in reference to Delaware Bay, 
there shall be 3^ detained to secure a debt to Mr. Bryant of 
Milforde till things be cleared betwixt John Woollen and him. 

Itt is ordered thatt Mathew Hitchcock shall either pay 20* 
to Mr. Perry w^h he vndertooke in the behalfe of his brother, 
or else sell so much of his brother's goods as will satisfie the 
said debt. 



80 NEW HAVEN COLONY RECORDS. [1642 

Itt is ordered thatt John Mason, Sam: Higginson and 
George Badcoke shall pay to Thomas French the su of 20^ 
for takeing his cannow w^hout leave, according to an order in 
thatt case. 

By a letter from Mr. Marshall to Mr. Hill of Winsor, 
bearing date the 7'^^ of Aprill 1636, and a letter to Good- 
ma Mansfield, dated the 13 of October 1641, itt is evidenced 
to this Conrt thatt some of the cattell goeing under the name 
of Mr. Trobridge doth belong to Mr. Marshall as his pp goods," 
namely a white cow, red sparkled, a heifer, white and red 
sparkled, and one white and blacke sparkled ; Henry Gibbons 
testimony allso concnring w'h the aforesaid letters. 

Jervas Boykin is ordered to pay vnto George Badcocke the 
su of 20s for taking his cannow w'hoiit leave. 

Mr. Gregson affirmed thatt he hath nott received paym* for 
the passage of Thomas Toby, wherevpon Mr. Pell as attour- 
nay for Richard Jewells executours undertooke to see him 
satisfied. 

The difference betweene Mrs. Stolyo and Mr. Eliz : Good- 
ma w^^h their owne consents is refered to Mr. Goodyeere and 
Mr. Gregson to determine. 



[41] A Gew^^ Court held att Newhayen the 7^^ of 
Nouem: 1642. 

Brother Brockett admitted member of this court, and 
received the charg of freemen. 

Bro : Kimberley chosen Marshall in stead of bro : Ceely. 

Itt is ordered thatt if any member of the Court, being 
warned to the GenrU Courts, shall not come and make their 
appearance in the Court before all the names of the members 
be read ouer by the Secretary, his fine is 1^ 6<J, and if any of 
the rest of the planters shall be absent after their names allso 
be read, his fine is 1^. 

Itt is ordered thatt those who have their farmes att the 
river called Stony River shall have liberty to make a since in 
the river for their owne conveniencie. 



1642] NEW HAVEN COLONY RECORDS. 81 

A Court held att Newhaven the 7*^ op 
December 1642. 

Forasmuch as John Owen hath had some damage done in 
his corne by hogs, occasioned through the neglect, of Mr. Lam- 
berton, John Bud and Will. Preston in nott makeing vp their 
fence in season, itt is therefore ordered thatt the said Mr. 
Lamberton, John Bud and Wili. Preston sliall make satisfac- 
tio to the said Jolm Owen for tlie damage done, (viz) eight 
dayes worke and two pecks of corne, w'^h is to be payd accord- 
ing to the severall pportio* of fence vnsett vp respectively. 

Mr. Evance delivered into the Court an awarde betweene 
Goodma Whitnell and Tho: Toby on the one pt, and Mr. Pell, 
attournay for the execute'' of Richard Jewell on the other pt, 
wherein Thomas Toby is awarded to pay vnto Mr. Pell three 
pounds six shillings and fewer pence, w<^h Goodman Andrewes 
and Goodma Whitnell vndertooke to pay in his behalfe. And 
itt is ordered thatt the said Thomas Toby shall be bound ap- 
prentice for three yeares, (from the end of his form'' tearme 
w^h Goodman Whitnell) to them, the said Goodma Andrewes 
and Goodman Whitnell, who are to finde him foode and ray- 
ment convenient, till the said three yeares be expyred. 



A Court held att Newhaven the 4"i op the 11 ^^ 
Moneth 1642. 

Win Harding being convicted of a great deale of base car- 
ryage and filthy dalliances w'h divers yong girles, together 
wUi his inticeing and corrupting divers servants in this plan- 
tatio, haunting w^h them in night meetings and juncketting, 
&c, was sentenced to be seveerly whipped and fined five 
pounds to Mr. Malbon, and five pounds to Will Andrewes, 
(whose famylyes and daughters he hath so much dishonced 
and wronged in attempting to defile them,) and presently to 
depart the plantatio, and not to retourne vnder the penalty of 
seveer punishment. 
11 



82 NEW HAVEN COLONY RECOEDS. [1642 

[42] A Gen>-ii Court the 16'h of llti» Moneth 1642. 
Att Newhaven. 

Brother Lamsoii admitted member of the Court and ac- 
cepted the charge. 

Itt is ordered thatt two pounds shall be made forthw'h, one 
att brother Whiteheads corner, w'^h brother Peck is to keepe, 
and another by the creeke, (where brother Nash his shopp did 
stand) w^li brother Kimberley is to keepe. Thatt cattell tres- 
passing may be putt in and kept vntill itt appeare who shall 
pay the fine and beare the damage, either the owners, if they 
have putt them in, or if their keepers have bcene negligent or 
the cattell beene unruly have gott in when the fences have 
beene sufficient, or they whose fences have beene defective or 
who have left open or broken downe gates or fences or by any 
other meanes have occasioned the damage, in all such cases 
the goueno''^ to answer for those vnder them, butt they againe 
to satisfy their gou'^no^^^ as shall be judged meet, and the 
keeper of the pound, for impounding every mans cattell to 
have of the trespasser 2'' a head for hogs and all greater cat- 
tell, and a peny a head for goates and kids, halfc to the 
bringer in of the cattell & halfe to the pound, or if the pinder 
take all the paines he is to have all. 

Itt is ordered thatt the Neck shall be a stinted como for cat- 
tell, and fenced & fitted w^h gates to keep in and out accord- 
ing to order, and then he thatt breaks or leaves open gates or 
putts in any cattell contrary to the order (the gou^'no'" to ans- 
wer for those vnder him as above) to pay for every beast by 
the weeke (any lesse time then a weeke reconed a weeke,) 3'^. 
Note thatt — 12 acres to a horse, 6 acres to an oxe, 3 acres for 
a yong steere nott above 2 yeares olde, and 2 acres for a calfe, 
and none are to putt cattell into the neck above this proportio. 

Itt is ordered thatt all those thatt have their meadowes in 
the west meadowes shall heard tlieir cowes on the west side 
onely, and all the rest of the towne are to keepe their cowes 
on this side, and nott att all to heard them beyond the West 
river for this yeare, and no dry cattell are to goe w'h the 
hoards of cowes vnder the penalty of Z'^ a weeke for every 



1642]' NEW HAVEN COLONY RECOEDS. 83 

head, the one halfe to be paycl hj the owners, and the other 
halfe by the heard. 

Itt is ordered thatt a booke shall be kept by the Secretary, 
of all the alienations whether houses or lands belonging to 
this plantation, butt no entry to be made w'hout order of the 
Court, and every such entry to be accounted good, according 
to the nature and intent of itt, against any form"" promise, 
covenaunt, bargaine or morgage nott so entered, though such 
deeds or promise shall have their just force against such per- 
son or persons thatt made them, and against any other part of 
his estate, and for every such entry the secretary to be payde 

Itt is ordered thatt the magistrate shall keep a booke of 
every warrant and attatchment given out by him, and direct 
them to the marshall, and tliatt the marshall for serveing them 
receive of the plaintiff, till itt be ordered who shall pay, 4-1 for 
a warrant, and 6^ for an attatchment. For every tryall in the 
Court, the plaintiff or deffendant, or both (if there be cause) 
pay to the Treasurer ouer and above the warrant or attach m' 
2s. 

Itt is ordered thatt every one warned to the Court for trans- 
gressing any Gen'"' Courts order, and found an offendo'', or 
being warned for fines or rates due and the same haveing 
beene first pryvately demaunded by the Treasurer or Marshall, 
shall pay to the Marsliall -i'K 

Itt is ordered thatt every one comitted to prison, besides 
after charges and attendance as the Court shall judge, shall 
pay the Marshall for turning the key — 1^. 

Itt is ordered thatt a whole yeares rate be forthw'h payd 
wthin 6 weekes att the most, [a]nd the constant yearely rates 
to goe on in their halfe yeares course, according [to the] form"" 
order, notw^hstanding. 

[43] Itt is ordered thatt whosoever cutteth or causeth any 
tree to be cutt downe vpon any comon w^hin 2 miles of any 
pt of the towne, w'hout leave, contrary to order, shall leave 
the tree to the towne, lose all his labo% and pay 1^ fine. If 
he carry away the tree or any pt of itt he shall pay further 
damage as the Court shall judg meete. 



84 NEW HAVEN COLONY RECOEDS. [1643 

A Court holden att Newhaven the 1^ of the 1^ Mon : 

1643. 

John Laurence and Valentine, servants to Mr. Malbon, for 
imbezilling their ma^s goods, and keeping disorderly night 
meetings w'h Will Harding, a lewd and disorderly person, 
plotting w'h him to carry their ma^^^ daughter to the farmes 
in the night, concealing divers vncleane filthy dalliances, all 
W^h they confessed and was whipped. 

Ruth Acie, a covenant servant to Mr. Malbon, for stub- 
ornes, lyeing, stealing fro her M'^^, and yeilding to filthy dal- 
liance w'h Wiii Harding was whipped. 

Martha Malbon for, consenting to goe in the night to the 
farmes w4i Will Harding to a venison feast, for stealing things 
fro her parents, and yeilding to filthy dalliance w^h the said 
Harding, was whipped. 

Jane Andrewes, for yielding to filthy dalliance w^h the said 
Harding, was whipped. 

GoodiTi Hunt and his wife for keepeing the councells of the 
said William Harding, bakeing him a pasty and plum cakes, 
and keeping company w'h him on the Lords day, and she suf- 
fering Harding to kisse her, they being onely admitted to 
sojourne in this plantatio vpon their good behavio'', was 
ordered to be sent out of this towne w'hin one moneth after 
the date hereof, yea in a shorter time, if any miscaryage be 
found in them. 

Mr. Mouleno'', for his disorder att Totokett in building, 
fencing, planting and the like, contrary to order, after he had 
againe and againe beene warned fro this Court to the con- 
trary, he haveing no right so to doe, haveing sould all thatt 
plantatio to this towne, onely reserving liberty for a lott for 
himselfe when a peo : should settle there, as is expressed in 
his owne convayances, since w^h time as he passed away his 
whole right, he purchased a peece of a neck discribed in a 
writeing bearing date the 27*'' of ^ 1639, writ by Mr. 
Gregson, butt in itt hath forged a discriptio differing fro thatt 
made in Mr. Grcgsons presence, and thereby layd clame to the 
whole necke, whereas the other was lymitted by a line and 
marked w'h three strokes, butt his sentence respited. 



1643] j NEW HAVEN COLONY EECOEDS. 85 

[44] A GeN'^11 held ATT NeWHAVEN the 5th OF THE 

2d Moneth, 1643. 

A letter from Andrew Ward constable att Stamforde, bear- 
ing date the 3^ of this pi'sent, written in the name and by the 
consent of the free burgesses there, was read, wherein they 
appoynt Captaine John Ynderhill and Richard Geldersleeve 
for their deputyes att this Gcnrii Court, and desire a magis- 
trate may be chosen for the better carrying on of their affayres 
in tliatt place, and doe nominate Mr. Mitchell and Thirton 
Rayner for thatt place. Captaine Vnderhill and Richard Gel- 
dersleeve haveing accepted the charge given here to members 
of this Court, the Court proceeded to electio, and Thirston 
Rayner was chosen magistrate, to execute thatt office att Stam- 
forde vntill the next Gen^'ii Court of Elections att Newhaven 
w<=h will be in October next. 

Allso vpon a motio made by the afforesaid deputyes for 
Stamforde, Itt is ordered by this Court y* those fewer men 
allready imployed in the townes occasions there, namely, Cap- 
taine John Vnderhill, Mr. Mitchell, Andrew Warde and Rob^ 
Coe shall, (till the aforesaid next Gen""!! Court for elections) 
assist as the deputyes att Newhaven in councell and advice 
for the more comely carrying on of publique affayres, the 
being annexed to and p^'served in the magistrate or magis- 
tracie. 

• Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman 
chosen deputyes for the next halfe yeare. 

Mr. Malbon chosen Treasurer for this yeare. 

Itt is ordered thatt leivetenaunt, the antient, an the fewer 
sergeants, out of respect to their places, and for their incour- 
agement, shall be henceforth exempted fro watching, yett so 
as thatt they must take their turnes by course to see thatt the 
watches be duely observed. 

Itt was further ordered vpo the desire of the aforesaid dep- 
utyes for Stamforde, thatt the trayned band may, (till the 
aforesaid next Geni^^i Court for elections,) chuse or confirme 
inferio"" officers, namely a sergeant or a corporall, or both, to 
exercise them in the millitary way, provided thatt such officers 



86 NEW HAVEN COLONY RECORDS. [1643 

be both members of the church, and p''seiited to and approved 
off by the magistrate and deputyes for Stamforde, the funda- 
mentall agreement for votes and elections being still p'^served 
intyre and inviolable. 

The Court being informed thatt peeces of eight, l)oth in the 
Matachusetts Bay and some other places, doe by order passe 
currantly att five shillings, itt was ordered thatt they shall 
pass att the same rate both here and att Stamforde among the 
planters 'till the Gen'''^ Court see cause to alter itt. 

Itt was ordered thatt in case any publique occasio require 
the helpe of labourers or workmen on trayning dayes, the mag- 
istrate may send to the Captaine for so many as the case re- 
quires, or if itt fall out att other times when there is no 
trayning, and thatt men cannott otherwayes be had or pro- 
cured for the carrying on of some necessary worke w^h is of 
publique concernment, the magistrate may putt forth an act 
of authority and pi'sse men for the said service and the effect- 
mg thereof. 

Itt is ordered thatt brother Abbott and brother Hull shall 
be freed fro trayning, by reason of their bodyly infirmityes. 
[45] Itt is ordered thatt brother Attwater and Rob' Hill 
shall be exempted fro watch in their owne persons, by reason 
of their bodyly infirmityes, yett so as to finde each of them a 
man to watch in their roome. 

Itt is ordered thatt sister Preston shall sweep and dresse the 
meeting house every weeke, and have 1^ a weeke for her 
paines. 

Whereas Goodmil Osborne hath heretofore spoylcd divers 
hides in the tailing W^h he aleadgeth was for want of skill or 
experience in the tanne of this country, he promiseth for the 
time to come to make good whatt is spoyled in the taning, for 
now he knowes the nature of the tanne, and therefore, if any 
hides be now spoyled itt is through his default. 



1643] NEW HAVEN COLONY RECORDS. 87 

A Geni^ii Court the 6' of the 2'^ moneth 1643. 

Itt was ordered thatt Mr. Eaton and Mr. Gregson as com- 
issioners for this jurisdictio of Newhaven shall goe w^h other 
comissioners for other plantatios into the Bay of Massacusetts 
to treate about a Geni'ii combinatio for all the plantations in 
New England, and to conclude and determine the same, as in 
their wisdome they shall see cause, for the exalting of Christs 
ends and advanceing the publique good in all the plantations. 

And allso thatt Mr. Goodyeare, o"" pastof", the fower depu- 
tyes, together w^h Georg Lamberton, Rob* Newman and Tho : 
Fugill shall meete and advise w'h them before they goe, the 
l)etter to p''pare them for thatt greate and weighty busines. 
And more oner thatt if any of the members of the Court, or 
of the plantatio have any thing of weight to suggest for con- 
sideratio, they are desired to repaire to the comittee, or any 
one of them to cast in whatt liglit they can. 



A Gen^'i Court the 26^^ of the 2<^ Moneth, 1643. 

The comissioners aforesaid desired the Court now to pro- 
pound any thing to them thatt they would have considered of 
in reference to the foremenconed combinatio, and thatt if any 
of them had any light to cast in to them, thatt they would att 
this time impart itt, because the time of their goeing drew 
neare ; butt the whole Court seemed to rest satisfied in the 
wisdome and faithfullncs of those W-h they had chosen and 
intrusted for thatt great busines, and therefore had nott 
thought of any thing butt whatt they thought had beene con- 
sidered off, and would be provided for by those intrusted. 

Itt is ordered thatt Goodm Osborne shall have liberty to 
cutt downe some trees in the coihon to gett bark for his tan- 
ning, and the trees to remaine to the townes vse, either for 
posts, railes or other vses as the Court shall see cause to dis- 
pose of them. 



88 NEW HAVEN COLONY RECORDS. [1643 

[46] A Court held att Newhaven the 3'^ of the 3^ 

MONETH. 

Nicholas Gennings for comitting fornicatio w^h Magcrett 
Bedforde was seveerely whipped, hutt his piinishm'^ for other 
misdemeano" respited vntill another Court. 



A Court held att Newhaven the 7*^ of the 4th moneth, 1643. 

James Stewart, the last trayning day, for runing att Roh^ 
Campio w4i his pike, whereby he tore his doublett, and might 
have hurt him, was fined 5» for the disorder, w'^h might have 
beene of evill consequence. 

Bro: Brockett, for late coming to traine fined l^. 

Joh. Beach, haveing killed a cow of George Smyths w*h the 
falling of a tree, the said George required satisfactio, foras- 
much as he conceiveth thatt the said John did itt through 
negligence, butt he the said John Beach alleadged for himselfe, 
thatt he did nott doe itt negligently, for he being falling a tree, 
there came some cowes about him, and the tree in the falling 
did rest vpon the bowes of another tree thatt stoode neare, and 
then he left the tree, and drave away the cowes as he did con- 
ceive w^hout the reach of the tree, and in the meane time 
some goates coming vnder the tree he retourned to drive them 
away allso, and then came in haste to give 3 or 4 chops att the 
tree to hasten the falling of itt before the cattell could come 
againe. 

Butt itt was testifyed by brother Andrewes and brother 
Tompson (who were intreated to veiw the cow and the place,) 
thatt he had nott done whatt in reason he might, and ought 
to have done to p''serve the cattell, and thatt if he had beene 
as carefuU as he might, no hurt need have be done, for the 
place was so hemmed in w'h fallen trees as thatt there was 
little way open, (on thatt side w^h he said he drave the cowes) 
for them to come in att againe, so thatt he might have kept 
them from danger if he had beene as carefull as he ought to 
have beene, besides, they affirme thatt the cow was killed about 
a rod or 20 foote w^hin the reach of the tree, moreouer itt was 
testifyed by brother Andrewes and Rob^ Campion, thatt he 



1643] NEW HAVEN COLONY RECORDS. 89 

the said John Beach did affirme thatt when he was cutting 
the tree the last time, he saw the cowes comeing againe, and 
he did throw sticks att them, butt confessed he did not goe to 
drive them as before, w^h was noted to be a great neglect of 
him, and allthough he did alleadge in the Court thatt he did 
drive the cowes w^hout the compasse of the fallen trees afore- 
said, brother Tompson observed itt to be an vntruth, for he 
had tolde them att the first, when they Avent to veiw the cow, 
thatt he drave them to such a place, W^h both he and brother 
Andre wes affirme was w'hin the aforesaid compasse. Vpon 
all w^li testimony i[t] was ordered thatt the said John Beach 
shall make good the damage to the valine of 5^ w^li price 
Georg Smyth sett vpon his cow w'h much moderatio, though 
she was really worth more. 

Margerett Bedforde, being convicted of fornicatio and steal- 
ing w^h divers other miscarryages, was severely whipped, and 
ordered to be marryed to Nicholas Gennings w^i Avhome she 
hath beene naught. 



[47] A Court held att Newhaven the S^h : S^f' moneth, 

1643. 

Will Fancie his wife, being charged w'h stealing divers 
things from sondry psons, she confessed thatt she did steale 
about 5000 of pins fro Mrs. Lamberton w^h divers pcells of 
lynning, and a jugge to the valine of 17^ as they were prized. 
She confessed allso thatt she stole from Mrs. Gilbert, two 
pillow beares and a shift, all W^li she tooke forth of a tub of 
water in the colde of winter when the famyly was att prayer. 
And att Conectecutt, being kindely entertained as a strainger 
by a friend there, she stole a table napkin att her goeing away. 

Now forasmuch as itt appeares to have beene her trade, she 
liaveing beene twice whipped att Connectecutt, and thatt still 
she continues a notorious theefe and a Iyer, itt was ordered 
thatt she should be seveerly whipped, and restore whatt is 
found wt^h her in specie, and make double restitutio for the 
rest. 

Andrew Low, Jun'' for breaking into Mr. Lings house, where 
12 



90 NEW HAVEN COLONY RECORDS. [1643 

he brake open a cup [board] and tooke fro thence some strong 
water, and Q'^ in mony, and ransackt all the house fro roomc 
to roome, and left open the dores, for w<=h fact he being comit- 
ted to prison brake forth and so escaped, and still remaines 
horrible obstinate and rebellious against his parents, and 
incorrigable vnder all the meanes tliatt have beene vsed to 
reclame him, wherevpon itt was ordered, thatt he should be 
as seveerly whipped as the rule will beare, and to worke with 
his father as a prisoner w'h a lock vpon his leg, so as he may 
nott escape. 

Itt was ordered thatt Luke Atkinson shall be payd 18^ and 
7^1 out of Lawrence Watts estate, in consideratio of vse of his 
bedding and houshold stuffe when he lived w^h him, w^h was 
for the space of a yeare and a quarter thatt he sojourned in his 
house : and Goodman Hitchcock is allso to have 4^ out of the 
said estate w^h the said Lawrence Watts did owe him. 

Theophilus Higginson testified thatt Lawrence Watts did 
borrow a gun of John Dillingham w«^h he was to restore againe, 
butt dyed before itt was restored. 



1643] 



NEW HAVEN COLONY RECORDS. 



91 



\/ 



Names of the 


KT3 




Ss 




^ 


Id 


■3^ 


Planters. 




1 


fi 


5 


13 




1 J- 


[48] 


«SS 


H 




a 


g 


«2 

3S 




Mr. Theoph : Eaton 


6 


3000 


165 


33 


153 


612 


10-13-00 


Mr. Sam: Eaton 


2 


800 


45 


9 


41 


164 


2-19-00 


Mrs. Eaton 


1 


150 


10 


2 


8 


32 


00-12-00 


David Yale 


1 


300 


17i 


3^ 


15^ 


62 


01-02-06 


Will Touttle 


7 


450 


37^ 


H 


26" 


107 


02-01-06 


Eze: Cheevers 


3 


20 


8^ 


1^32 


2^ 


10 


00-05-11 


Captaine Turner 


7 


800 


571 


11^ 


43l 


174 


03-06-06 


Rich : Pery 


3 


260 


20i 


4-1-16 


14i 


58 


01-02-08 


Mr. Davenport 


3 


1000 


57i 


Hi 


511 


206 




Rich: Malbon 


7 


500 


42^ 


8i 


28^ 


114 


02-05-06 


Tho: Nash 


7 


110 


23 


4J 16 


09 


36 


00-18-02 


John Benham 


5 


070 


16 


3-32 


6 


24 


00-12-04ob 


Tho : Kimberley 


7 


012 


18-16 


3^-19 


4-16 


161-24 


00-11-02 


Joh : Chapma 


2 


300 


20 


4 


16 


64 


01-04-00 


Math: Gilbert 


2 


COO 


35 


7 


031 


124 


02-05-00 


Jasper Craine 


3 


480 


161 


31-8 


25i 


120 


01-15-01 


Mr. Roe 


6 


1000 


65 


13 


53 


212 




An elder 


4 


500 


35 


7 


27 


108 


02:01:00 


Geo Lamberton 


6 


1000 


65 


13 


53 


212 


03-19-00 


Will Wilks 


2 


150 


12i 


n 


8i 


34 


00-13-06 


Tho: Jeffrey 


2 


100 


10 


2 


6 


24 


00-10-00 


Robt. Ceely 


4 


179 


18^32 


3 1-8 


lOf-32 


43 


00-18-05 


Nich: Elsey 


2 


30 


(^t 


H-8 


H 


10 


00-05-01 


Joh : Budd 


6 


450 


SH 


7k 


25i 


102 


02-00-06 


Rich : Hull 


4 


19 


11 


2-30 


3 


111 4 


00-07-04 


Will : Preston 


10 


40 


27 


5^-24 


7 


28 


00-17-09 


Ben : Fenne 


2 


80 


9 


If -8 


5 


20 


00-08-07 


Will Jeanes 


5 


150 


20 


4 


10 


40 


00-18-00 


Joh: Brockett 


1 


15 


H 


i-24 


H 


5 


00-02-06ob 


Roger Allen 


1 


40 


H 


1-24 


'^ 


10 


00-04-03ob 


Mr. Hickocks 


6 


1000 


65 


13 


53 


212 


03-19-00 


Mr. Mansfeild 


4 


400 


30 


6 


22 


88 




Tho: Gregson 


6 


600 


45 


9 


33 


133 




Steph : Goodyear 


9 


1000 


791 

4 -2 


141 


54J 


218 


09-19-02 


Will Hawkins 


2 


1000 


55 


11 


51 


204 




Jer : Whitnell 


2 


0050 


7i 


H 


H 


14 


00-06-06 


Sam : Bayley 


1 


250 


15 


3 


13 


52 


00-19-00 


Tho : Buckingham 


4 


60 


13 


2i 16 


5 


20 


00-10-02 


Rich: Miles 


7 


400 


37^ 


7i 


23i 


94 


01-18-06 


Tho : Welch 


1 


250 


15" 


3 


13 


25 


00-19-00 


Nath : Axtell 


1 


500 


27^ 


6 


25i 


101 


01-16-07 



92 



NEW HAVEN COLONY RECORDS. 



[1643 



Hen: Stonell 


1 


300 


17^ 


3^ 


! 15| 


62 


101-02-06 


Will Fowler 


3 


800 


47 


H 


44 


166 


[03-06-06 


Peter Preden 


4 


500 


35 


7 


27 


108 


'02-01-00 


James Preclen 


3 


10 


8 


1^16 


2 


8 


00-05-02 


Edmond Tapp 


7 


800 


52^ 


Hi 


431 


174 


03-06-06 


Wid: Baldwin 


5 


800 


i 52i 


10 J 


42j 


170 


03-03-06 


An elder 


6 


500 


' 40 


8 


28 


112 


0-0-0 


Rich : Piatt 


4 


200 


1 20 


4 


12 


48 


01-00-00 


Zack : Whitma 


2 


800 


45 


9 


41 


164 


02-19-00 


Tho : Osborne 


G 


300 


30 


6 


18 


72 


01-10-00 


Hen: Rudderforde 


2 


100 


10 


2 


6 


24 


00-10-00 


Tlio : Trobridge 


5 


500 


h7i 


n 


271 


110 


02-02-06 


Wid : Potter 


2 


30 


H 


H 


H 


10 


00-05-01 


Job: Potter 


4 


25 


Hi 


2i 


H 


13 


00-07-09 


Sam : Whitehead 


2 


60 


8 


li 16 


4 


•16 


;00-06-06 


Job : Clark 


3 


240 


19^ 


3f 24 


131 


54 


01-11-OOob 


Luke Atkinson 


4 


50 


10 


2 16 


H 


18 


00-09-06 


Arther Halbidge 


4* 


20 


11 


2 32 


3 


12 


00-07-04 


Edward Banister 


3 


10 


8 


li 16 


2 


8 


'00-05-02 


Will Peek 


4 


12 


101 16 


2 16 


11-16 


101 


,00-06-10 


Job : Mosse 


3 


10 


8 


li-16 


2 


8 


;00-05-02 


Job : Charles 


4 


50 


12| 


H 


H 


18 


00-09-06 


Rich : Beach 


1 


20 


H 


J 32 


H 


6 


00-02-10 


Timothy Forde 


2 


10 


H 


1-16 


1^ 


6 


00-03-08 


Peter Browne 


3 


30 


9 


l|-8 


3 


12 


00-06-07 


Daniel Paule 


1 


100 


7i 


H 


5| 


22 


00-08-06 


Job : Livermoore 


4 


100 


15 


3 


7 


28 


00-13-00 


Antho : Tompson 


4 


160 


17i 


H 


9i 


38 


00-16-06 


Job : Reeder 


2 


140 


12 


2-1- 24 


8 


32 


00-12-10 


Robt. Cogswell 


4 


60 


13 


11-16 


5 


20 


00-10-02 


Malhi : Hitchcock 


3 


50 


10 


2 


4 


16 


00-08-00 


Fra : Hall 


3 


10 


8 


11-16 


2 


8 


00-05-02 


Rich : Osborne 


3 


10 


8 


H 16 


2 


8 


00-05-02 


Will Potter 


4 


40 


12 


21-24 


4 


16 


00-08-09ob 


James Clark 


4 


50 


121 


2i 


4^ 


18 


00-09-06 


Edward Patteson 


1 


40 


H 


|24 


2i 


10 


00-04-03ob 


Andr. Hull 


4 


40 


12 


21 24; 


4 


16 


00-08-09ob 


Will Ives 


2 


25 


6i 


li 


2^ 


09 


00-04-09 


Geo: Smyth 


1 


50 


5 


1 


3 


12 


00-05-00 


Widd : Shirman 


2 


50 


7^ 


H 


Si 


14 


00-06-06 


Math Moulthrop 
















Tho : James sen. 


5 


200 


22^- 


H 


12i 


50 




Wid: Greene 


3 


80 


lli 


2124 


5i 


22 


00-10-02 


Tho : Yale 


1 


100 


7^ 


1^ 


5i 


22 


00-08-06 


Tho: Fugill 


2 


100 


10 


2 


6 


24 


00-10-08 



1643] 



NEW HAVEN COLONY EECORDS. 



93 



Joh : Ponderson 


2 


180 


14 


21 32 


10 


40 


00-15-06 


Joh : Johnson 


5 


150 


20 


4 


10 


40 


00-18-00 


Abra: Bell 


1 


10 


3 


il6 


1 


4.1 


00-02-02ob 


Joh: Evance 


1 


500 


271 


H 


251 


102 


01-16-06 


Mr. Mayres 


2 


800 


45 


9 


41 


164 


02-19-00 


Mrs. Constable 


3 


150 


15 


3 


9 


36 


00-15-00 


Josuah Attwater 


2 


300 


20 


4 


16 


64 


01-11-06 


Tho:Fugill 


1 


400 


221 


H 


201 


82 


01-09-06 


Edward Wigglsw: 


3 


300 


221 


^ 


161 


66 


01-05-06 


Tho: Powell 


1 


100 


n 


^ 


H 


22 


00-08-06 


Hen: Browing 


8 


340 


37 


7124 


21 


84 


01-15-09 


Mrs. Higison 


8 


250 


321 


6i 


161 


66 


01-08-06 


Edw: Tench 


3 


400 


27| 


H 


21i 


86 


01-12-10 


Jer: Dixon 


1 


300 


11 


n 


151 


62 


01-01-04 


Will Thorp 


3 


10 


8 


11 16 


2 


8 


00-05-02 


Robt. Hill 


1 


10 


3 


il6 


1 


4 


00-02-02 


Wid: Williams 


2 


60 


8 


11 16 


4 


16 


00-07-02 


Andr. Low 


8 


10 


8 


11 16 


2 


8 


00-05-02 


Fr. Newman 


2 


160 


13 


21 16 


9 


36 


00-14-02 


Joh: Caffins 


2 


500 


671 


131 


291 


73 


02-08-6 


David Attwater 
Lucas 


1 


500 
400 






241 


141 


1-11.4 


J. 

6 


35 


7 


23 


92 




Dearmer* 


1 


300 


17i 


H 


15i 


62 




Ben Ling 


2 


320 


21 


4-32 


17 


68 


01-05-04 


Robt. Newman 


2 


700 


40 


8 


36 


144 


02-12-00 


Will Andrews 


8 


150 


271 


H 


lU 


46 


01-02-06 


Joh: Cowp 


3 


30 


9 


If 8 


3 


12 


00-06-07 


Rich: Beckley 


4 


20 


11 


2-32 


3 


12 


00-07-04 


Mr. Marshall 


5 


1000 


621 


121 


521 


210 


03-17-06 


Mrs. Eldred 


5 


1000 


621 


12i 


521 


210 


03-17-06 


Fran: Brewster 


9 


1000 


35 


7 


541 


263 


03-15-10 


Mark Pearce 


2 


150 


1 121 


n 


8* 


34 


00-13-06 


Jarvis Boykin 


2 


40 


7 


U24 


3 


12 


00-05-09 


James Russell 


2 


20 


6 


1-32 


2 


8 


00-04-04 


Geo: Warde 


6 


10 


15 


3-16 


3^ 


14 


00-09-08 


Lawrence Ward 


2 


30 


6i 


H-8 


n 


10 


00-04-09 


Moses Wheeler 


2 


50 


7i 


H 


31 


14 


00-06-06 



* In the margin, Thorn Lord, i. Robert Tamadg, i. 



94 NEW HAVEN COLONY BECORDS. 

[The following is in the handwriting of Francis Newman.] 



The names of y^ 
Tennants of oystershell 
field, beginning 1648. 

M--ch 10"\ 
Francis Browne 3 ac''s 
for yeferrey : rent free. 

Acc's 
Thorn Moris 
William Paine 
Widdow Knowles 
Jno Coopr 
Mr Malbon 
Henry Morell 
Mr Gilbert 
Robert Pig 
Francis Browne 
John Walker 
John Hall 
Thom : Munson 
Robert Martin 
William Holt 
William Pecke 
for a shooting place 



Phillip Leeke y' is 
his owne 



43 



Mr. Lucas home lott. Joseph Pecke 

William Johnson 



( each an equall 
Thom7s Beamond J ^ P°"^°°- 



Mr. Lucas out lotts. 



William Thorpe 4 : aCs of ye first 
devizion next his owne. 
each of them 5| 
ac'^s in 3 : pts, 
w'hin the two 



Joseph Pecke 
Henry Pecke 
Tho Beamond 

AVilliam Johnson 



mile : 3 ac'^s of 
meddow and 12 
ac^s of vpland 
in y" second di- 
A'ission. 

Jeremiah Whitnel 4 : ac' in y'^ 3'^ 
devission w'hin y'' 2 mile, 
three acs of meddowe & 12 ac' of 
y'' second divission. 

John Ponderson 5 aC of meddow : 
20 ac"^ of y** sec devission. 

George Laremore 3 , ac meddowe : 
12 ac of y' sec devission. 

Richard Hull, 4 ac"^ of y sec devis 
w'hin v'= 2 mile. 



M''" Eldreds out lotts. 



Thomas Wheeler senio' 
Thomas Wheeler junio"^ 
Henry Glouer 
William Holt 
Joseph Alsop 
Ephrahim Penington 
Pliillip Leeke 
Andrew Low 
Christopher Todd 
Henry Morell 

The Meddow and second divission to be devided equ[ally] 
betwixt Nathaniel Merriman, Mathias Hitchcocke and Isacke 
Whitehead if he accept it. 



Each of these are to haue : 6 : acrg 
wihin ye two mile in 3 ptes. 



Jno Vineon 1 each 3 acr : wihin the 
Joseph Nash J two mile in 3 : pts. 



Each of these to haue 4 [acrs] w'hiu 
ye 'z : mile in 3 : pts. 



Mr. Roes out lotts. 



William Gibbons 
John Hall 
Jeremiah How 
Robert Martin 
William Russell 
William Paine 
Jonathan Marsh 
John Walker 
Francis Browne 
Abraham Dowlitle 



Each of these are to haue 1^ acr in ye first 
. devission w'hin ye two mile & IJ ac's in each 
I of ye other two devissions w'hin ye two mile. 



NEW HAVEN COLONY RECOEDS. 95 

Thom. Munson 4^ aC in y<= 2d devisio w'hin y<= 2 mile next 

Mr. Malbons. 
Phillip Leeke two ac' in y" first clevis. 2 : in y<^ 3'^ w'hin ye 

two mile. 
Joseph Nash two ac^ f out of Mr. Roes iirst devis & y<= Elders 

and two ac" on a sixt pt of Mr. Roes 

third devis. w'hin y" two mile. 
The meddow and second devission of vpland is granted to 

John Brocket and Thomas Barnes. 



A lott reserved for | Mr. Auger the home lott and halfe ye accomodations, 
an Elder ( Thorn. Sloris 1 quarter of ye accomodations. 

William Andre wcs 3 : ac^s of meddow, 12 ac"' of y'' sec deviss. 

Andrew Low 2 aC i of meddow : 9 : ac"^^ of y' sec deviss. 

Joseph Nash lA ac'^ meddow in ye mill meddow : 6 : ac"^ sec 
dfeviss] 

John Vincon ).^k ■. c <.,•,,. 

Joseph Nash ( ''^^^'^'' ^ '^'^^ 4 of y^ sec & third deviss. 
At a Court S'l^ Nouemb"^ 16.52, the land in the 
neck belonging to Mr. Roes lott, M''^ Eldreds, 
and Mr. Lucas was giuen to y'' Gouernor. 



Aprill the 20th 1[ -|* 

The comittee appointed to dispose of the absent lott mett & 
vpon the request of Mathew Camfeild, granted to him the 
home lott w^h was laide out and reserved for M^'^ Eldred, 
vpon the conditions following viz^ 

That he plant it all w'h fruit trees, except ahoute one ac^ 
next the front, and that he p''sently paye for the fenc belong- 
ing to it, as it is now worth, being vallewed by indifferent 
men, & so maintayne and keepe it, and if in ye terme of five 
yeeres, the towne shall see cause to dispose of it to any man 
w^h may be of publique vse and benefit to the towne, it is to 
be at the townes dispose, payeing him for liis trees and his 
fenc aboute y^ lott, as they shall be then worth, being equally 
vallewed by indifferent men, but if the towne shall not dispose 
of it to some such man Av'hin y^ terme of 5 yeeres, that then 
the said Mathew Camfeild shall haue the lott, paying to the 
towne for y^ ground as it is worth, being vallewed by indiffer- 
ent men, and that then he shall build a dwelling house vpon 
it, comely and fitt for habitation, that so it may not lye as a 
vacant lott : 

And vpon the same termes, at the same time the comittee 
granted Mr. Roes home lott, to Mr. Davenport, Mr. Gilbert 
and Mr. Crane. 

* The date of this entry is probably 1648. 



96 NEW HAVEN COLONY RECORDS. [1643 

[Next after are recorded in the handwriting of Mr. Gibbard, the Indian deeds which 
have been transferred to the beginning of this volume. 
Tliere appears to liave been no pages numbered from 51 to 62. J 

[In the handwriting of Tliomas Fugill.] 

[62] Att a Gen""!! Court held att Newhaven for the 
Plantations av'hin this Jurisdictio, the 6* of July, 1643. 

Mr. Leete and Mr. Disbourougli of Manunkatuck were ad- 
mitted members and received the charge of freem for this 
Court. Brother Preston allso admitted member of this Court 
and accepted his charge. 

Mr. Eaton and Mr. Gregson, Lately sent from this Court as 
comissioners wUi full power to treate, and, if itt might be, to 
conclude a combination or confoederation wUi the Gen^'^i Court 
for the Massachusetts, and w^h the comissioners for New Ply- 
mouth and Connectecutt, did this day acquaint the Court w^h 
the issue and successe of thatt treaty. The articles agreed and 
concluded att Boston, the 19th of May, 1643, were now read 
and 1)y this whole Court approved and confirmed. And itt was 
ordered thatt the Secretary enter them as a recorde. A letter 
allso from Mr. Wintropp, Governo'' of the Massachusetts, 
dated the 19*^ of June last past was read, wherein from Mr. 
Winslow he signifies the cheerefull concurrence of the Court 
att Plymouth in the said confoederatio, according to the fore- 
named articles. 

Itt was further ordered by this Court, thatt all the males in 
or belonging to every of the plantation in this jurisdictio, fr(3 
sixteene yeare olde to sixty, be duely numbred according to 
the said articles. And thatt a true and particular account of 
them be brought in, betwixt this and the midle of August 
next, to be sent to the next meeting of the comissioners at 
Boston. Lastly, the said Mr. Eaton and Mr. Gregson were 
by this Court chosen and invested w'h full power, (according 
to the tenno"" and true meaning of the said Articles,) as com- 
issoners for this jurisdictio in the meeting for this confoeder- 
atio, to be held att Boston, the 7'^ of September next. 

Manunkatuck named Guilforde. 

Itt is ordered thatt every male, fro 16 yeares olde to sixty, 
w^hin this jurisdicto, shall be forthw^h furnished of a good 



1643] NEW HATEN COLONY RECORDS. 97 

gun or muskett, a pound of good pouder, 4 fathom of match 
for a match-lock, and 5 or 6 good flints, fitted for every fyre 
lock, and 4 pound of pistoll bulletts, or 24 bulletts fitted to 
their guns, and so continue furnished from time to time, vnder 
the penalty of 10® fine vpon every defect in any of the fore- 
named perticulars. And itt was further ordered thatt the 
Captaine shall give order to the officers thatt they take a strict 
veiw of all the defects or neglects of the trayned band, once 
every quarter, vnder the penalty of 40% and if the officers 
shall neglect to do itt, att his appoyntment, their fine is 40^ 
allso, to be leivyed att the discretio of the Court, and thatt a 
retourne of the said veiw be made to the Court by the Cap- 
taine or the dark of the company at his appoyntment, vnder 
the penalty aforesaid. 

Itt was ordered thatt 5^ fro Stamforde, and 5^ fro Guilforde, 
and 21 fro Yenycott shall be forthw'h raised and payd into 
the treasury of Newhaven towards the charges about the com- 
binatio. 

Mr. Goodyeere was desired l:)y the Court to write to the 
inhabitants of Yenycott, to lett them know the equity of the 
proceedings of this Court in rateing all men imptially ac- 
cording to their accomodations w^hin the libertyes of this 
plantation, & thatt it will be expected thatt the same rule be 
attended vnto by them there allso. 

[63] II Itt was ordered thatt each plantatio wthin thisjuris- 
dictio shall have a coppy of the Articles of Confoederatio, for 
W^h they are to pay the Secretary. 

A letter from Mr. Wintropp was read, wherein he layd 
downe divers reasons why the Massachusetts gave liberty to 
the Frenchmen, late arrived there, to gett whatt help they 
coulde in thatt jurisdictio to assist them in their enterprize att 
the French plantatio. 

[The remainder of this page is blank.] 



13 



\)8 NEW HAVEN COLONY RECOEDS. [1643 

[(34] Articles of Confoedcratio betwixt the Platations vnder 
the Gouermt of the Massacusetts, the Plantations vnder 
the Goii'ii* of Newplymoiith, the Plantations vnder the 
Gou'"mt of Conecticutt, and the Gou'"mt of Newhaven 
w'h the Plantatio*^ in combinatid w'h itt. 

Whereas we all came into these pts of America w^h one 
and the same end and ayme, namely to advance the kingdome 
of o*" Lord Jesiis Christ, and to enjoy the libertyes of the Gos- 
pell in purity wUi peace, and whereas in c settling, (by a 
wise pvidence of God,) we are further dispersed vpon the sea 
coasts and rivers then was at first intended, so thatt wee can- 
nott (according to our desire) w^h conveniencie comunicate 
in one governm' and jurisdictio, & whereas we live incom- 
passed wUi people of severall nations and strange languages, 
w^h hereafter may prove injurious to vs or our posterity, and 
forasmuch as the natives have form'ly comitted sundry inso- 
lencies and outrages vpon severall plantations of the English, 
and have of late combined themselves against vs, & seeing, by 
reason of the sad distractions in England W^h they have heard 
of, and Ijy w'^h they know we are hindred both from thatt 
humble way of seeking advice, and reaping those comfortable 
frutes of protectio w^h att other times we might well expect, 
We therefore doe conceive itt our bounden dutye w'hout 
delay to enter into a p'sent consociation amongst ourselves 
for mutuall help and strength in all our future concermt**, 
thatt as in natio and religio, so in other respects, we bee and 
continue one, according to the tennure and true meaning of 
the ensueing articles. 

1 Wherefore itt is fully agreed and concluded by and be- 
tweene the ptyes or jurisdictions above named, and they 
joyntly and severally doe by these p'"escnts agree and conclude 
thatt they all be, and henceforth be called l)y the name of the 
United Collonyes of New England. 

2 The said United Colonyes, for themselves and their pos- 
terityes, doe joyntly and severally, hereby enter into a firme 
and perpetuall leagc of frendship and amyty, for offence and 
defence, mutuall advice and succour, vpon all just occasions, 



1643] NEW HAVEN COLONY EECORDS. 99 

both for p'serving and ppagateiiig the truth and libertyes of 
the Gospell and of tlieir owne mutuall safety and wellfare. 

3 Itt is further agreed thatt the plantation w<h att present 
are or hereafter shall be settled w'hin the lymitts of the Mass- 
acusetts shall be for ever vnder the govermt of the Massacu- 
setts, and shall have peculiar jurisdictiO amongst themselves 
in all cases as a entire body, & thatt Plymouth, Conectecut 
and Ncwhaven shall each of them in all respects have the like 
peculiar jurisdictio and goverm*^ w'hin their limitts, and in ref- 
errence to the plantations w^h allready are settled or shall 
hereafter be erected, and shall settle w'hin any of their lyraits, 
respectively ; provided, thatt no other jurisdictio shall hereaf- 
ter be taken in as a distinct head or member of this confoeder- 
atio, nor shall any other, either plantati(3 or jurisdictio in 
p''sent being, and nott already in combinatio or vnder the juris- 
dictio of any of these confoederates, be received by any of 
them, nor shall any two of these confoederates joyne in one 
jurisdictio w^liout consent of the rest, w'h consent to be inter- 
preted as in the sixt ensueing article is expressed. 

4 Itt is allso by these confoederates agreed thatt the charge 
of all just warres, whether offensive or defensive, vpon whatt 
pt or member of this confoederatio soever they fall, shall both 
in men, provisions and all other disbursm^^ Ijq borne by all the 
pts of this confoederatio in different proportions, according to 
their different abilityes in man'' following, Thatt the comis- 
sion^'s for each jurisdictio from time to time, as there shalbe 
occasio, bring a true account and numl)er of all the males in 
each plantatio, or any way belonging to or vnder their severall 
jurisdictions, of whatt quality or conditio soeu'' they be, from 
sixteene yeares olde to three score, l:)eing inhabitants there, 
and thatt according to the different numbers w^h from time to 
time shall be found in each jurisdictio, vpo a true and just 
account, y^ service of men & all charges of the warre be borne 
by the pole, each plantatio or jurisdictio being left to their 
owne just course & custome of rateing themselves and people, 
according to their different estates, w*li due respect to their 
quallityes and exemptions among themselves, though the con- 
foederatio take no notice of any such p'"veledg, and thatt 



100 NEW HAVEN COLONY RECORDS. [1643 

according to the differ'^ charge of each jiirisdictio & plantatio 
the whole advantage of the warre, (if it please God so to 
blesse their endeavo""^) whether ittbe in lands, goods or psons, 
shall be pportionably devided among the said confce derates. 
[65] 5 Itt is further agreed thatt if any of these jurisdic- 
tions, or any plantation vnder or in combinatio w'h them, be 
invaded by any enemy whomsoever, vpon notice and request 
of any three magistrates of thatt jiirisdictio so invaded, the 
rest of the confcederates, w^hout any further meeting or 
expostulatio, shall forthw4i send ayde to the confojderate in 
danger, but in different proportions, namely, the Massacusetts 
one hundred men, sufficiently armed and pvided for such a 
service and journay, and each of the rest forty five men, so 
armed & pvided, or any lesse number, if lesse be required 
according to this pportio. Butt if such a confoederate in dan- 
ger may be supplyed by their next confoederate, nott exceed- 
ing the numb'' hereby agreed, they may crave help there, and 
secke no further for the p''sent, the charge to be borne as in 
this article is expressed and att their retourne to be victualled 
and supplyed w4i powder and shott (if there be need,) for 
their journay, by thatt jurisdictio w^h imployed or sent for 
them, butt none of the jurisdictions to exceed these numbers, 
till by a meeting of the comissioners for this confoederatio, a 
greater ayde appeare necessary, and this proportio to continue 
till vpon knowledge of the numbers in each jurisdictio (w*"!! 
shall be brought to the next meeting,) some other proportio 
be ordered, but in any such case of sending men for p^sent 
ayde whether before or after such altcraco, it is agreed thatt 
att the meeting of the comision'"s for this confoederatio, the 
cause of such warre or invasio be duely considered, and if itt 
appeare thatt the fault lay in the pty so invaded, thatt then 
thatt jurisdictio or plantatio make just satisfactio both to the 
invaders whome they have injured, and beare all the charges 
of the warre themselves, w'hout requireing any allowance 
from the rest of the confoederats towards the same. And fur- 
ther, if any jurisdictio see any danger of an invasio approach- 
ing, & there be time for a meeting, thatt in such case three 
magistrates of thatt jurisdictio may suihon a meeting att such 



1643] NEW HAVEN COLONY RECORDS. 101 

convenient place as themselves shall tliinke meete, to consider 
and pvide against the threatned danger. P\dded, when they 
are mett they may remove to whatt place they please, onely 
while any of these fower confoederates have butt 3 magistrates 
in their jurisdictio, a request or sumons from any tAvo of 
them shall be acounted of equall force w^h the three men- 
tioned in both the clauses of this article, till there be an 
increase of magistrates there. 

6 Itt is allso agreed thatt for the managing and concluding 
of all affayres pp to, & concerning the whole confoederatio, 
two comissioners shall be chosen by and out of each of these 
•1 jurisdictios, namely, two for the Massacusetts, two for Plym- 
outh, two for Conectecutt, and two for Newhaven, being all in 
church fellowship w^h vs, w'^h shall bring full power from their 
severall Gen'"'^ Courts respectively, to heare, examine, weigh 
& determine all affaires of warre or peace, leags, aydes, 
charges and numbers of men for warre, devisi(3 of spoylcs, or 
whatsoever is gotten by conquest, receiveing of more confoed- 
erates or plantations into combinatio wUi any of these con- 
fojderates, and all things of like nature w^h are the pp con- 
comitants or consequents of such a confoederatio, for amyty, 
offence and deffence, nott intermedling w'h the gou^mt of any 
of the jurisdictions, W^h, by the third article, is p'served 
intirely to themselves. 

Butt if these eight comission'"s, when they meete shall nott 
all agree, yett it is concluded thatt any six of the eight agree- 
ing shall have power to settle and determine the busines in 
question. Butt if six doe not agree, thatt then such proposi- 
tions w^li their reasons, so farre as they have beene debated, 
1)6 sent and referred to the fower Generall Courts, (viz) the 
Massacusetts, Plymouth, Conectecutt and Newhaven, and if 
at all the said Generall Courts the busines so referred be con- 
cluded, then to be psecuted by the confoederates, and all their 
members. Itt is further agreed thatt these eight comissioners 
shall meete once every yeare, besides extraordinary meetings, 
according to the fifth article, to consider, treate and conclude 
of all affayres belonging to this confoederatio, w^h meeting 
shall ever be the first Thursday in September, and thatt the 



102 NEW HAVEN COLONY RECORDS. [1643 

next meeting after the date of these pi'sents, vf^h shall be 
accounted the second meeting, shall be att Boston in the Mas- 
sacusetts, the third att Hartforde, the fowerth att Newhaven, 
the fifth att Plymouth, the sixt and seaventh att Boston, and 
then att Hartforde, Newhaven and Plymouth and so in course 
successively, if in the meaue time some middle place be nott 
found out and agreed on, w^h may be comodious for all the 
jurisdictions. 

[66] 7 Itt is further agreed thatt att each meeting of these 
eight comissionrs, whether ordinary or extraordinary, they all, 
or any six of them agreeing as before, may chuse their presi- 
dent, out of themselves, whose office & worke shall:)e to direct 
for order and comely carrying on of all proceedings in the 
p''sent meeting, butt he slialbe invested w'h no such power or 
respect as by w'^li he shall hinder the propounding or prog- 
resse of any busines, or any way cast the skales, otherwise 
then in the p'"sedent article is agreed. 

8 Itt is allso agreed thatt the comission''s for this confoed- 
eratio hereafter att their meetings, whether ordinary or extra- 
ordinary, as they may have comissio or oportunity, doe en- 
deavour to frame and establish agreem^^ and orders in gen'"!! 
cases of a civill nature wherein all the plantations are inter- 
essed, for pi'serving peace amongst themselves, and p'venting, 
(as much as may l)e) all occasions of warre or differences w'h 
others, as about the free and speedy passage of justice in each 
jurisdictio to all the confoederates equally as to their owne, 
not receiving those thatt remove fro one plantatio to another 
w^hout due ccrtifficates, how all the jurisdictius may carry itt 
towards the Indians, thatt tiicy neither grow insolent, nor be 
injured w'hout due satisfactiu, least warre breake in vpon the 
confoederates through such miscarryages. Itt is allso agreed, 
thatt if any servant run away from his ma>" into any other of 
these confoederated jurisdictions, thatt in such case, vpon the 
certifficate of one magistrate in the jurisdictio out of which 
the said servant fled, or vpon other due proofe, the said ser- 
vant shall be deliii'"ed to his said ma"", or to any other thatt 
psues and l)rings such certifficate or proofe, and thatt vpon the 
escape of any prisoner whatsoever or figitivc for any criminall 



1643] NEW HAVEN COLONY RECORDS. 103 

cause, wilier breaking prison, or getting fro the officer, or oth- 
erwise escapeing, vpon tlie certifficate of two magistrates of 
the jurisdictio out of w^h the escape is made, thatt he was a 
prisoner, or such an offendo"^ att tlie time of the escape, the 
magistrates, or some of them, of thatt jurisdictio where, for 
the p^sent the said prisoner or fugitive abideth, shall forthw^h 
grant such a warrant as the case will beare for the apprehend- 
ing of any such pson, and the delivery of him into the hand of 
the officer or other pson who psueth him, and if there be help 
required for the safe retourning of any such offender, then itt 
shall be granted vnto him thatt craves itt, he paying the 
charges thereof. 

9 And for thatt the justest warrcs may be of dangerous 
consequence, especially to the smaller plantatios in these 
vnited collonyes, itt is agreed thatt neither the Massacusetts, 
Plymouth, Conectecutt, nor Newhaven,nor any of the mem- 
bers of any of them, shall, att any time hereafter begin, vnder- 
take or ingage themselves, or this confoederatio, or any pt 
thereof, in any warre whatsoever, (sudden exegents w^h the 
necessary consequences thereof excepted, w^h are allso to be 
moderated as much as the case will pmitt,) w^hout the consent 
and agi"eemt of the forenamed eight comission''s, or att least 
six of them, as in the sixt article is provided, and thatt no 
charge be required of any of the confoederates in case of a 
defensive warre, till the said comission''s have mett and 
approved the justice of the warre, and have agreed vpon the 
sum of mony to be leivied, w^h su is then to be payd by the 
severall confoederates, in proportion, according to the fowerth 
article. 

10 Thatt in extraordinary occasions, when meetings are 
smTioned by three magistrates of any jurisdictio, or two, as in 
the fift article, if any of the comissioners come not, due 
warning being giyen or sent, itt is agreed thatt fower of the 
comissioners shall have power to direct a warre w^h cannot be 
delayed, & to send for due proportions of men out of each 
jurisdictio, as well as six might doe if all mett, but nott less 
then six shall determine the justice of the warre, or allow the 



104 NEW HAVEN COLONY RECORDS. [1643 

demauiids or bills of charges or cause any le\ies to be made 
for the same. 

11 Itt is further agreed thatt if any of the confoederates 
shall hereafter breake any of these pi'sent articles, or be any 
other way injurious to any one of the other jurisdiction such 
breach of agreem^ or injury shall be duely considered and 
ordered by the comiss'"s for the other jurisdictions, thatt both 
peace and this pi'scnt confcederation may 1)6 intyrely p'^served 
wUiout violatio. 

[67] 12 Lastly, this ppetuall confoederatio and the severall 
articles and agreem^s thereof, being read and seriously consid- 
ered, both l)y the Generall Court for the Massacusetts, and by 
the comission's for Plymouth, Conectecutt and Newhaven, 
were fully allowed and confirmed by three of the forenamed 
confoederates, namely, the Massacusetts, Conectecut and New- 
haven, onely the comissioners from Plymouth, haveing noe 
comission to conclude, desired respite till they might advise 
wUi their Generall Court, Where vpo itt was agreed and con- 
cluded by the said Court of the Massacusetts, and the comis- 
sioners for the other two confoederates, thatt, if Plymoth 
consent, then the whole treaty, as it stands in these pi'sent 
articles, is and shall continue firme and stable, wthout,altera- 
tio. Butt, if Plymouth come nott in, yett the other three 
confoederates doe, by these p'sents, conclude the whole con- 
foederatio and all the articles thereof, onely in Septcm. next, 
when the second meeting of the comission'' ^ is to be att Bos- 
ton, new consideratio may be taken of the sixt article, w^h 
concerns number of comissioners for meeting and concluding 
the affayres of this confoederatio, to the satisfactio of the 
court of the Massacusetts, and the comission^'s for the other 
two confoederates, butt the rest to stand vnquestioned. In 
testimony whereof, the Gen""!! Court of the Massacusetts, by 
their Secretary, and the comission^s for Conectecutt and New- 
haven have subscribed these pi'sent articles, this 19*'' day of 
the 3*^ moneth, comonly called May, 1643. 



1643] NEW HAVEN COLONY RECORDS. 105 

A Court held att Newhaven the 2'1 of 
August 1643. 

Whereas there is a difference depending betweene Robert 
Ceely, and Daniell Paule, about a note of agreement betweene 
them vnder both their hands, w'h both their conseats, itt was 
referred to Mr. Malbone and Mr. Wakeman to arbitrate and 
determine as they sliall see cause. 

A difference allso betweene WiH. Fowler and Steven Med- 
calfe about a trespasse, w<^h both their consents, was referred 
to Mr. Malbon and Mr. Wakeman to arbitrate and determine 
as they shall see cause. 

Forasmuch as itt appeareth by the testimony of Lawrence 
Warde thatt Margerett Poore, alias Bedforde, now wife to 
Nicholas Gennings, was to be servant to Captayne Turner, 
vnto the full end and terme of 4 yeares from the time of her 
first coming to him, butt she runing away w'li the said Nicho- 
las, before the saide tearme was expired, itt was ordered, thatt 
the said Nicholas, her said husband, shall make satisfactio to 
Captaine Turner (her said ma"",) for thatt losse of time, 
according as itt shall be arbitrated by Mr. Gregson and Mr. 
Wakeman, who are desired by the Court to doe the same. 
And the said Nicholas is to make 2 folde restitutio for those 
things w^h are confessed liy them to be stolen from the said 
Captaine Turner. 



14 



106 NEW HAVEN COLONY RECORDS. [1643 

[68] A Court held att Newhaven 

2 August 1643. 

John Thickpeny, about the age of 25 yeares, marrianer, in 
the Cock wt^h George Lambcrton in his last voyage to 
Delaware Bay, being dnely sworne and examined, de- 
poseth, 
Thatt he was present in the pinace called the Cock whereof 
Georg Lamberton was ma"", rideing at ancre aljoiit 3 miles 
above the Sweeds fort in Delaware River, when a letter was 
brought the Sweeds governo'' by Tim. the barber and Godfrey 
the marchants man coming w^h him ; they tolde him, this 
deponent in Dutch, a language w^h he vnderstoode, thatt the 
contents of the letter was thatt the Indians, being att the fort 
the day before, had stolen a golde chaine from the governo" 
wife, and thatt the governo'' did intreat Mr. Lamberton to vse 
meanes to gett itt againe of the Indians who were then come to 
trade with the said Mr. Lamberton, desireing thatt they might 
stay aboarde till the next morning, thatt he might discover the 
Indian to him, affirming thatt he could know the Indian thatt 
had stolen itt, by a markew^h he had in his face, butt, though 
many Indians came aboard while he was there, yett he went 
away and never made more words of itt. This deponent fur- 
ther saith, thatt he was aboard when a second letter was 
brought aboard the Cock to Mr. Lamberton from the Sweeds 
governor the contents whereof he knows nott, butt a while 
after, the same day, he w^h Isaac goeing to carry Mr. Lam- 
berton ashoare to the Sweeds fort, into W^h being entred, 
before they spoke w'h the governo"", the said Mr. Lamberton, 
this deponent, and the said Isaack were all cast into prison 
together, (butt a while the said Mr. Lamberton was taken 
forth of thatt roome, l)utt as' he vnderstood was kept in 
another prison,) where he, this deponent, continued 3 daycs, 
in w^h time John Woollen, servant to Mr. Lamberton, (and 
his interpreter l)ctweene him and the Indians,) was comitted 
to the same prison in irons, wh, he himselfe said, the gover- 
nC had putt vpon him w^h his owne hands. 

And further this deponent saith thatt the said John Woolen 
tolde him thatt att his, the said John Woollens first coming 



1643] NEW HAVEN COLONY RECORDS, 107 

into the Sweeds fort, he was brought into a roome in w^h the 
governours wife, Tymothy the barber, and the watch maister 
came to him and brought wine and strong beere and gave him, 
w'h a purpose, as he conceived to have made him drunck, and 
after he had largiy drunk there, the Gov sent for him into his 
owne chamber and gave him more strong beer and wine, and 
drunk freely wUi him, entertayning of him w^h much respect 
seemingly, and w4i profession of a great del of love to him, 
[69] ||makeing many large promises to doe very much good 
for him if he would butt say thatt Georg Lamberton had hyred 
the Indians to cutt off the Sweeds, butt the said John Woollen 
denyed itt, then the governo'' drunke to him againe, and said 
he would make him a man, give him a plantatio, and build 
him a house, and he should not want for golde nor silver, if 
he would butt say as is said before ; he would doe more for 
him then the Eng: could, for he loved him as his owue child, 
butt the said John answered, thatt there was no such thing, 
and if he would give him his house full of golde, he would 
nott say so, and then the governo'' seamed to be exceeding- 
angry, and threatned him very much, and after thatt drunke 
to him againe, and prest him to confess as before, W^li the 
said John Woollen refusing, the governo'' was much enraged, 
and stamped w^h his feete, (w^h this deponent himselfe heard, 
being in the roome vnder him,) and calling for irons, he putt 
them vpon the said John Woollen w'h his owne hands, and 
sent him downe to prison as before is expressed. And this 
deponent saith, thatt the aforesaid Sweeds watchma'' came into 
the prison, and brought strong beere, and drunke w'h them 
about 2 bowers in the night, and pressed the said John 
Woollen to say thatt the said George Lamberton had hyred the 
Indians to cutt off the Sweeds, and he should be loosed from 
his irons presently, butt John Woollen said he would not say 
itt if he should be hanged, drawne and quartered, because he 
would nott take away the life of a man thatt was innocent, 
then he prest him further, thatt he would speake any thing to 
thatt purpose, be itt never so little, and he should be free 
presently, butt John Woolen said he could nott say itt nor he 
would nott say itt. And he further saith thatt the said watch- 



108 NEW HAVEN COLONY RECORDS. [1648 

maf prest him, this deponent, to the same purpose, and he 
should have his liberty, w^h he allso refused, knowing no such 
thing. 

This deponent, thatt att anotlier time while he was in prison, 
Gregory, the marchants man, came to him and tolde him 
they were sent by the governo'' to charge him w^h treason w^h 
he had spoken against the Queene and Lords of Sweden, 
namely, thatt he had wished them burnt and hanged, w^h he 
this depont vtterly denyed, and then the said fetched a 
flagon of strong beere and drunke itt w'h him, and after that^ 
fetched the said flagon full of sack and drunke thatt w'h him 
allso, and bid him call for wine and stronge beere whatt he 
listed, and questioned w^h him about Georg Lambertons hyr- 
ing the Indians as aforesaid, his answer was, he knew no such 
thing. Then the watchma'' afiirmed thatt itt was so, and thatt 
George Lamberton had given cloth, wampom, hattchetts and 
knives for thatt purpose, pressing him to say so and he should 
be free, and he would take vp, and cleare him of the treason 
thatt was charged vpon him, and if he feared to say so because 
of Mr. Lamberton, he should not need to feare him, for he 
should pay him his wages before the vessell went, and he 
should chuse whether he would goe back, or stay w^li them, 
butt he answered, lett them them doe whatt they pleased w'h 
him, for he could nott say any such thing, and further he saith 
nott.* 

* At the meeting of the commissioners for the United Colonies, at Boston, in Sep- 
tember, 1043, Mr. Enton and Mr. Gregson complained of the injuries the people of 
New Haven had received from the Dutch and Sweeds both at Delaware Bay and else- 
where, and the commissioners instructed Winthrop to write Printz concerning the 
foul injuries offered by him to Mr. Lamberton and his company. They gave also a 
commission to Mr. Lamberton to go treat with the Sweedish governor about satisfac- 
tion, and to agree with him about settling their trade and plantation. Hazard, IL, 
11. Winthrop, II., 140. Brodheads N. Y., L, 382. 



1643] NEW HAVEN COLONY RECOEDS. 109 

[70] A Court held att NEWHAve the 6^ of 

September 1643. 

Marke Pearce, Wiii Holt, Edward Camp, brother Potter, 
Hen. Lendall, Hen : Line, Theophiliis Higginson and Matliew 
Row, for coming late the last trayning day, were fined each 
man one sliillins;. 



A Court held att Newhaven the 4'>> op 
October 1643. 

Robt Hill, for neglect of his watch, was fined 5 shillings. 

Robt. Lea, for want of armes, was fined 5^ 

Mighell Palmer, for the same, was fined 5^. 

Rice. Edwards, for the same, was fined 5^. 

Luke Attkinson and John Vincent fined each 1^ for late 
comeing. 

Itt is ordered thatt there shall be a gen^ii muster, the next 
second day, w'h an exact veiw of all the armes, to see thatt 
none be defective in armes, shott and pouder, according to the 
order in thatt case. 

Nathan Burchall confessed, thatt he haveing lived some 
time in Mr. Newmans house, and thereby haveing acquan- 
tance wUi the house and the wayes of itt, had divers tempta- 
tions to steale somethin^*%ut of itt, and though he prayed 
against the temptatio, yett he was att last overcome by itt, 
and the last Lords day, in the time of the publique ordinan- 
ces, he went into the house and so into the chamber and clos- 
ett, where he found and tooke from thence to the valine of 13^ 
in mony, and to the value of 34^ in other things. The pro- 
cesse respited till the next Court, and in the meane time he is 
to be kept in prison, or else lye in baile for his appearance att 
the next court. 



110 NEW HAVEN COLONY RECORDS. [1643 

A Gen'11 Court held att Newhaven 

THE 14 th OP October 

1643. 

Itt was ordered thatt 6 men shall forthw^i be sent from 
hence (to joyne wUi 8 of Connectecutt, to assist Ynkas 
against the Narragansett Indians, whom he expects shortly to 
warr vpon him,) and accordingly to be fitted and furnished 
w^h all necessaryes for such a voyage and enterprize.* 



[71] A Gen""!' Court held att Newhaven the 23^'' of 
October 1643 ; 

Whereas this plantation att first w*h gen'^' and full consent 
laid their foundations thatt none butt members of aproved 
churches should l^e accounted free burgesses, nor should any 
else have any vote in any election, or power, or trust in order- 
ing of civill affayres, in w^h way we have constantly proceeded 
hitherto in our whole court, w'h much comfortable fruite 
through Gods blessing. And whereas Stamforde, Guilforde, 
Yennicock, have vpon the same foundations and ingagements 
entred into combination w'h vs, this Court was now informed, 
thatt of late there have beene some meetings and trcatyes 
betweene some of Milfordef and M|^ Eaton, about a combina- 
tio, hj w^h it appeareth, thatt Milrorde hath formerly taken in 
as free burgesses, six planters who are nott in church fellow- 
shipp, w^h hath bred some difficulty in the passages of this 



* The Commissioners of the United Colonies having, at their session at Boston, in 
September, decided upon delivering up Miantonimo to be put to death by Uncas, 
were apprehensive that the Narragansetts would seek to revenge his deat h. 

t " Vpon a motion made by the comissioners lor New Haven jurisdiction, it was 
graunted and ordered that the towne of Mylford may be received into combinacon & 
as a member of the jurisdiction of New Haven, if New Haven & Mylford agree vpon 
the teannes and condicons among themselves." Rec. U. Col. Sept. 1643. Up to this 
time then, Milford seems to have remained a separate and independent colony. Hub- 
bard, Hist. N. E. p. 277, speaking of the settlement of Guilford and Milford, saj's that 
" every one stood so much for their liberty that every plantation almost intended a 
peculiar government of themselves, if they could have brought it about, but those 
desio-ns tended to the weakening of the country and hinderance of the {general good 
of the whole." See also Sav. Winth. i, 306. Lambert, Hist. Col. N. H. 62. 



1643] NEW HAVEN COLONY RECORDS. Ill 

treaty, butt, att present, itt stands thus, the deputies for Mil- 
forde have offered, in the name both of the church and towne, 
first, thatt the p^sent six free burgesses who are nott church 
members, shall nott att any time hereafter be chosen, either 
deputyes, or into any publique trust for the combinatio. Sec- 
ondly, thatt they shall neither personaly, nor by proxi, vote 
att any time in the electio of magistrates. And, thirdly, thatt 
none shall be admitted freemen or free burgesses hereafter att 
Milforde, butt church members according to the practice of 
Newhaven. Thus farr they granted, butt in two perticulars 
they and their said six freemen desire liberty, first, y' the said 
six freemen being already admitted by them, may continue to act 
in all proper perticular towne busines wherein the combinatio 
is nott interressed. And, secondly, thatt they may vote in the 
electio of deputyes to be sent to the Generall Courts for the 
combinatio or jurisdictio, w^h deputyes so to be chosen & sent, 
shall allwayes be church members. 

The premises being seriously considered by the whole Court, 
the brethren did express themselves as one man, clearely and 
fully, thatt in the foundations layde for civill governm^ they 
have attended their light, and should have failed in their 
dutye had they done otherwise, and professed themselves care- 
full and resolved nott to shake the said groundworks by any 
[72] change for any respect, and ordered, || thatt this their 
vnderstanding of their way, and resolution to maintaine itt 
should be entred w^h their vote in this busines, as a lasting 
recorde. Butt nott foreseeing any danger in yeilding to Mil- 
forde w^h the forementioned cautions, itt was, by gen''^' con- 
sent and vote, ordered thatt the consociation proceed in all 
things according to the pi'mises. 



A Gen^ii Court of Elections held 

ATT Newhaven for this Jurisdictio 

THE 26th OF October 1643. 

Captaine Turner and Mr. Lamberton were chosen Deputyes 
for the Court of combinatio. 



112 NEW HAVEN COLONY RECORDS. [1643 

Mr. Eaton was chosen Governof for this yeare ensuing. 

Mr. Goodyeare was chosen Deputy Governo''. 

Mr. Gregson chosen Magistrate for this towne. 

Mr. Fowler and Goodman Tappwere chosen Magistrates for 
Milforde for this ensueing yeare, & Mr. Rayner for Stamforde. 

Mr. Leete and Mr. Disbrough were chosen Deputyes for 
Guilforde this yeare ensueing. 

Thomas Fugill was cliosen Secretary for the whole combi- 
natio or jurisdictio for this ensueing yeare. 

Thomas Kimberley was chosen Marshall for this whole juris- 
dictio, for this ensueing yeare. 



[73] A Gen'11 Court held att Newhaven for the 
Jurisdictio the 27*^^ op October 1643. 

Present. 

Mag'istralcs. Deputyes. 

Theophilus Eaton, Gouerno'', George LambertonF Newhaven 
Stephen Goodyear, Deputy, John Astwood 



Thomas Gregson, John Shirman '' 

William Fowler, Will Leete ) 

Edward Tapp, Sam : Disbrough [ *^^^il^oi'de. 

Rich: Gildersleeve ) F Stam- 
John Whitmore J forde. 
Itt was agreed and concluded as a foundamentall order nott 
to be disputed or questioned hereafter, thatt none shall be 
admitted to be free burgesses in any of the plantations w4iin 
this jurisdictio for the future, butt such planters as are mem- 
bers of some or other of the approved churches in New Eng- 
land, nor shall any butt such free burgesses have any vote in 
any electio, (the six present freemen att Milforde enjoying the 
liberty w^h the cautions agreed,) nor shall any power or trust 
in the ordering of any civill affayres, be att any time putt into 
the hands of any other then such church members, though as 
free planters, all have right to their inherritance <fe to comerce, 
according to such grants, orders and lawes as shall be made 
concerning the same. 



16-43] NEW HAVEN COLONY RECORDS. 113 

2 All such free burgesses shall have power in each towne or 
plantation w'hin this jurisdictio to chuse fitt and able men, 
from amongst themselves, being church members as before, to 
be the ordinary judges, to heare and determine all infcrioi" 
causes, w^her civill or criminall, provided thatt no civill cause 
to be tryed in any of these plantatio Courts in value exceed 
20', and thatt the punishment in such criminalls, according to 
the minde of God, revealed in his word, touching such offen- 
ces, doe nott exceed stocking and whipping, or if the fine be 
pecuniary, thatt itt exceed nott five pounds. In w^h Court 
the magistrate or magistrates, if any be chosen by the free 
burgesses of the jurisdictio for thatt plantatio, shall sitt and 
assist w^h due respect to their place, and sentence shall pass 
according to the vote of the major part of each such Court, 
onely if the partycs, or any of them, be nott satisfyed w^h the 
justice of such sentences or executions, appeales or com- 
plaints may be made from and against these Courts to the 
Court of Magistrates for the whole jurisdictio. 
[74] II 3. All such free burgesses through the whole jurisdic- 
tio, shall have vote in the electio of all magistrates, whether 
Governo'', Deputy Governo'", or other magistrates, wUi a Treas- 
urer, a Secretary and a Marshall, &c. for the jurisdictio. And 
for the ease of those free burgesses, especially in the more 
remote plantatios, they may by proxi vote in these elections, 
tliough absent, their votes being sealed vp in the p''sence of the 
free burgesses themselves, thatt their severall libertyes may be 
preserved, and their votes directed according to their owne 
perticular light, and these free burgesses may, att every elec- 
jtio, chuse- so many magistrates for each plantatio, as the weight 
of affayres may require, and as they shall finde fitt men for 
thatt trust. Butt it is provided and agreed, thatt no plantatio 
shall att any electio be left destitute of a magistrate if they 
desire one to be chosen out of those in church fellowshipp w'h 
them. 

4. All the magistrates for the whole jurisdiction shall meete 

twice a yeare att Newhaven, namely, the Munday imediately 

before the sitting of the two fixed Generall Courts hereafter 

menconed, to keep a Court called the Court of Magistrates, 

15 



114 NEW HAVEN COLONY RECORDS. [1643 

for the tryall of weighty and capitall cases, whether civill or 
criminall, above those lymitted to the ordinary judges in the 
perticular plantations, and to receive and try all appeales 
brought vnto them from the aforesaid Plantation Courts, and 
to call all the inhabitants, whether free burgesses, free plant- 
ers or others, to account for the breach of any lawes estab- 
lished, and for other misdemeanours, and to censure tliem 
according to the quallity of the offence, in w^h meetings of 
magistrates, less then fewer shall nott be accounted a Court, 
nor shall they carry on any busines as a Court, butt itt is ex- 
pected and required, thatt all the magistrates in this jurisdic- 
tid doe constantly attend the publique service att the times 
before menconed, & if any of them be absent att one of the 
clock in the afternoone on Munday aforesaid, when the court 
shall sitt, or if any of them depart y^ towne w'hout leave, 
while the court sitts, he or they shall pay for any such default, 
twenty shillings fine, vnless some providence of God occasio 
the same, Wh the Court of Magistrates shall judge off from 
time to time, and all sentences in this court shall pass by the 
vote of the major part of magistrates therein, butt from this 
Court of Magistrates, appeales and complaints may be made 
and brought to the Gen"^'! Court as the last and highest for 
this jurisdictio ; butt in all appeales or complants from, or to, 
what court soever, due costs and damages shall be payd by him 
or them thatt make appeale or complaint w'^hout just cause. 

5. Besides the Plantatio Courts and Court of Magistrates, 
their shall be a Gen""'! Co'"'^ for the Jurisdictio, w^h shall con- 
sist of the Governo'', Deputy Governo'' and all the Magistrates 
wUiin the Jurisdictio, and two Deputyes for every plantatio in 
the Jurisdictio, w^li Deputyes shall from time to time be chosen 
against the approach of any such Genr'^ Court, by the aforesaid 
free burgesses, and sent wUi due certifficate to assist in the 
same, all w^h, both Governo"" and Deputy Governo'', Magis- 
[75] trates and Deputyes, shall have their vote || in the said 
Court. This Gen''^ Court shall alwayes sitt att Newhaven, 
(vnless vpon weighty occasions the Gen""'! Court see cause for 
a time to sitt elsewhere,) and shall assemble twice every yeare, 
namely, the first Wednesday in Aprill, & the last Wednesday 



1643] NEW HAVEN COLONY RECORDS. 115 

in October, in the later of w^h Courts, the Governo'', the Dep- 
uty Governo'" and all the magistrates for the whole jurisdictio 
w'h a Treasurer, a Secretary and Marshall, shall yearely be 
chosen by all the free l)urgesses before menconed, besides w^h 
two fixed courts, the Governo"", or in his absence, the Deputy 
Governo'', shall have power to summon a Gen""!! Court att any 
other time, as the vrgent and extraordinary occasions of the 
jurisdictio may require, and att all Gen'i' Courts, whether 
ordinary or extraordinary, the Governo'" and Deputy Gov- 
erno'', and all the rest of the magistrates for the jurisdictio, 
w'h the Deputyes for the severall plantation shall sitt together, 
till the affayres of the jurisdiction be dispatched or may safely 
be respited, and if any of the said magistrates or Deputyes 
shall either be absent att the first sitting of the said Gen^'ii 
Court, (vnless some providence of God hinder, w^h the said 
Court shall judge of,) or depart, or absent themselves disor- 
derly before the Court be finished, he or they shall each of 
them pay twenty shillings fine, w'h due consideration of fur- 
ther aggravations if there shall be cause ; w^h Gen^'i Court 
shall, w'h all care and dilligence provide for the maintenance 
of the purity of religion, and shall suppress the contrary, ac- 
cording to their best light from the worde of God, and all 
wholsome and sovnd advice W^h shall bo given by the elders 
and churches in the jurisdictio, so farr as may concerne their 
civill power to deale therein. 

Seconly, they shall have power to mak and repeale lawes, 
and, while they are in force, to require execution of them in 
all the severall plantations. 

Thirdly, to impose an oath vpon all the magistrates, for the 
faithfull discharge of the trust comitted to them, according to 
their best abilityes, and to call them to account for the breach 
of any lawes established, or for other misdemeano''s, and to 
censure them, as the quallity of the offence shall require. 

Fowerthly, to impose and oath of fidelity and due subjectio 
to the lawes vpon all the free burgesses, free planters, and 
other inhabitants w'liin the whole jurisdictio. 

.51y to settle and leivie rates and contributions vpon all the 
severall plantations, for the publique service of the jurisdictio. 



116 NEW HAVEN COLONY RECORDS. [1643 

61y, to heare and determine all causes, whether civill or 
criminall, w^h by appeale or complaint shall be orderly 
brought vnto them from any of the other Courts, or from any 
of the other plantation, In all w^h, w'h whatsoever else shall 
fall w^hin their cognisance or judicature, they shall proceed 
according to the scriptures, w' h is the rule of all rightous 
lawes and sentences, and nothing shall pass as an act of the 
Gen""'! Court butt by the consent of the majo"" part of magis- 
trates, and the greater part of Deputyes. 

These gen'"iis being thus layd and settled, though w'h pur- 
pose thatt the scircumstantialls, such as the vallue of causes 
to be tryed in the Plantation Courts, the ordinary and fixed 
times of meetings, both for the Gen""'' Courts, and courts of 
magistrates, how oft and when they shall sitt, w*h the fines 
for absence or default, be hereafter considered off, continued 
or altered, as may best and most advance the course of justice, 
and best sute the occasions of the i)lantations, the Court pro- 
ceeded to p''sent perticular busincs of the jurisdiction. 
[76] II Vpon a proposition and request made by Captainc 
Vnderhill and Mr. Allerton by instructions from the Dutch 
Govcrnour and some of the freemen of thatt jurisdictio, for the 
raising of one hundred souldicrs out of these plantations of 
the English, and armed and victualled, to be led forth by Cap- 
taine Vnderhill against the Indians now in hostility against 
the Dutch, to be payd by bills of exchaing into Holland. 

The Court seriously considerd the propositions w'h the con- 
squences thereof, and though they were affected w^h a due 
sence of so much Christian l)lood, both Dutch and English 
A-nder the Dutch governm^, lately shed ))y the Indians, yett 
nott clearely vnderstanding the rise and cause of the warr, 
and well remembring the articles of confojderatio betwixt 
themselves and y^ rest of the vnited collonyes in New England 
in the case of warr, they did nott see att present how they 
might afforde the ayd propounded w'hout a meeting and con- 
sent of the comissioners for the rest of the jurisdictions. Butt 
if peace be nott settled this winter, so soone as the comission^s 
may meet in the spring, both the ground of the warr, and the 
ayd or assistance desired, may be taken into due consideratio, 



1643] NEW HAVEN COLONY RECORDS. 117 

and if, in the meane time, there be want of corne for men and 
foode for cattell in supply of what the Indians have distroyed, 
these plantations will afforde whatt help they may. 

The Court nott thinking itt nieete to afforde thatt ayd of 
souldiers to the Dutch, nor to send Captaine Vnderhill to lead 
their men against the Indians w'hout the consent of y^ comis- 
sioners for the collonyes as is before expressed, a motion and 
request was made by Captaine Ynderhill thatt twenty pounds 
might be lent him to supply his present occasions, wh 20' shall 
be repayed by the towne of Stamforde out of the sallary they 
have ingaged themselves to allow him yearely, the one halfe in 
March come twelve moneths, the other halfe the next ensueing 
March, w^h will be An" 1645. W^h being duely considered, 
itt was ordered, thatt if the lending of this 20' may be a 
meanes to settle the captaine, and if they conceive his settlem* 
may tend to their comfort and security, and if the towne of 
Stamforde will see the said su duely repayd att the times 
above menconed, the jurisdictio is willing to lend the said 
sum to prevent the snares of larger offers for his remove. 

The court considering thatt by the articles of confoederatio 
the comission>"s for the severall jurisdictions may be called to 
meete extraordinarily vpon the vrgent affayres of the collonyes, 
and thatt perhaps, w^h such short warning thatt there may 
nott be time to call a Gen""'! Court from the remote planta- 
tions, they did thinke itt needfull now to puide accordingly, 
and by gen""!! consent and vote, Mr. Eaton, Governo'',and Mr. 
Gregson, Magistrate, were chosen comissioni's for this jurisdic- 
tion for the meeting at Hartforde in September next, w^h full 
'power to treate and determine, according to the forme ordered 
by the comissioners att their last meeting. And in case either 
of them should be sick, or by any other providence of God 
hindred from the journay and service, Mr. Malbon is by full 
consent and vote chosen and ordered to supply in thatt case. 
Butt if a meeting should be sumoned before thatt time w^h 
might occasion a farther journay, Mr. Goodyeare, Deputy 
Gouerno'", and Mr. Gregson were chosen comissionrs, w'h like 
full power for the service of this jurisdictio. And if either of 
them, by any providence, be disabled or hindred from the said 



118 NEW HAVEN COLONY RECORDS. [1643 

jouriiay, Mr. Malboii was chosen comission'' w^li full power to 
supply tliatt place. 

[77] II The Court considermg thatt some charges have beene 
already expended for the jurisdictio in the journayes made for 
the settling a combinatio and service of the jurisdictio, and 
thatt 6 souldiers being now sent forth to joyne w*h 8 from 
Hartforde for Vncus defence against the assults w^h may be 
made vpon him by the Narragansett Indians for Meantonimoes 
death, w'^h, w4i the shallop attending them, will be a furtlier 
charge to the jurisdictio. And lastly, considering the loane of 
this twenty pounds to Captaine Vnderhill, if Stamforde im- 
brace the proposition, as is before exprest, they thought, and 
by gen'"^' consent and vote itt was ordered, thatt a farther 
stock be raised, and forthw^i payd into the treasurer att New- 
haven by the severall plantations in this jurisdiction, namely, 
five pounds for Guilforde, and five pounds by Stamforde, and 
thatt Milforde pay ten pounds to equall Guilforde or Stam- 
forde who have allready beene assessed each of them five 
pounds towards the foremenconed charges, besides the present 
leavy, and thatt Newhaven beare their proportionable share, 
itt being by gen""!! consent and vote of this Court ordered and 
concluded, thatt all the charges for this jurisdictio, both for 
the p'^sent and hereafter, be borne by the sevlrl'iV proportions of 
males w<^h from time to time shall be found in them from 16 
to sixty yeares olde, as in the articles of combinatio is agreed 
for the jurisdiction, of w^h stock, both received and expended, 
the treasurer shall from yeare to yeare give account to this 
Geni'ii Court vpon demaund, thatt itt may appeare thatt all 
disbursements are for the publique service of this jurisdictio, 
and thatt no plantation be charged above their just proportio. 
Two letters being now read in court from the magistrate* of 
Stamforde, the former being dated the 18th, the latter the SH^h 
pi'sent. Itt appeared by the form"" thatt the justice of the 
Court of Stamforde hath beene charged by the mai"! of an In- 
dian captive, for thatt the said captive was scnsured to be pub- 
liqucly whipped for publique misdemeanours, the ma"" telling 
the magistrate before witnesse, itt was neither honesty nor 
justice so to proceed, he haveing corrected the boy att home, 

■ * In the margin, "2 letters fro Mr. Eayner." t Richard Crab, poi< [83.] 



1643] NEW HAVEN COLONY RECORDS. 119 

wherevpon the Court did neither think famyly correctio suffi- 
cient for such publique offences, nor thatt such affronts to 
magistracie should either be evaded by sleight interpretations, 
nor passed by w'h some private acknowledgment, Ordered, 
that the ma"" of the said captive boy be bound ouer to the 
Court of magistrates w^h will be held att Newhaven on Mun- 
day the first of Aprillnext, to answer his miscarryage. 

In the second letter from Stamforde, the magistrate suppo- 
sing, in respect of the many in-juries from the Indians receiv- 
ed, they have cause to begin a warr vpon them, and they sitt 
still for want of a concurrence of the rest of the jurisdictio, 
expreseth their apprehensio, thatt if their houses should be 
fired, &c. the jurisdictio should beare the burden, w^h the 
whole Court marvilled att, conceiving thatt the councell given 
Stamforde in the case was most safe for themselves to take, 
and considering the ingagem* wherein this jurisdictio standeth 
to the rest of the collonyes, absolutely necessary for vs to give, 
and thatt no man would be forewarde to give advice if there- 
fore he must beare the afflicting providences of God w^h may 
follow. 



[78] A Gen'11 Court helde att Newhaven the 30t'i of 
October, 1643, for this Plantatio. 

Mr. Malbon, Mr. Lamberton, Mr. Evance and Mr. Wake- 
man were chosen deputyes of this plantatio, and Mr. Malbon 
continued Treasurer for this yeare. 

Tho : Fugill chosen Secretary, and Tho : Kimberley chosen 
Marshall. 

Itt was ordered thatt one of the squadrons in their course 
shall come to the meetings every Saboth compleatly armed, 
fitt for service, w^h att the least 6 charges of shott and ponder, 
and l)e ready att the meeting house, w^liin halfe an hower after 
the first beating of the drum, then and there to be att the 
comaund of the officers in such service as they are appoynted 
to attend vnto on those dayes, vnder such penalty as the court 
shall judge meet, according to the nature of their offence ; allso 
the sentinell and those thatt walke the round shall have their 
matches lighted dureing the time of the meeting, if they have 
match locks. 



120 NEW HAVEN COLONY RECORDS. [1643 

A Court held att Newhaven the 1* of November, 1(543. 

Robert Lea, for comeing to trayliig w'h his gun charged 
w4i shott, contrary to order, and carelessly discharging itt 
against Mr. Gregso his house, to the great danger of the lives 
of divers persons, who were in the chamber when the shott 
came through the window, was fined 20^ to the towne, and to 
repaire the window w<^li was broken by the said shott. 

The difference about the neck bridg was respited to another 
Court, onely itt was ordered, thatt those who did the worke 
are to repair itt for the p^'sent, and to have three pounds for 
the doeing of itt, provided thatt they doe itt well and substan- 
tially, and for that end brother Andrewes is to oversee and 
direct the work while itt is a doeing, and when itt is finished 
the comittee formerly appoynted to veiw, are to veiw itt againe, 
to see thatt itt be done according to the intent of this order. 

Itt was ordered thatt brother Andrewes shall take care thatt 
three or fower lighter loades of stones be layd by the bridge, 
to breake the force of the water from itt. 

Whereas Nathan Burchall hath beene formerly convicted 
in this Court, for stealing out of Mr. Rob* Newmans house 
on the Lord's day, in mony the sum of thirteene pounds, and 
other things to the valine of 1^ 14% itt was ordered thatt he 
should make double restitutio for the said severall sum% and 
have some corporall punishment for the aggravations of his 
fact. 

Allen Ball is ordered to have 2« 2^1 of the goods of Law- 
rence Watts. 



[79] A GENfii Court held att Newhaven the IS'i' of 
November, 1643. 

Itt was ordered thatt all those thatt will pay their rates in 
Indian corne shall pay itt att 2^ 4'' ^ bushell, good marchant- 
able corne, and thatt every man pay his rates, (w^h are now 
due,) forthw^h, either in Indian corne as itt is now ordered, 
or in wam])om, or in cattcll as they shall be justly prized by 
indifferent men, to such persons as the treasurer shall assigne 



1643] NEW HAVEN COLONY RECORDS. 121 

to receive the same w^hout any delay, or putting the treasurer 
to further trouble. 

Itt was ordered thatt every famyly w'hin this plantatio shall 
have a coate of cotton woole, well and substantially made, so 
as itt may be fitt for service, and that in convenient time the 
tay lours see itt be done. 

Itt is ordered thatt the great guns shall be forthw^h fitted 
for service, and Mr. Lamberton and Mr. Rudderforde are de- 
sired to see itt done. 

Itt was ordered thatt every chimney in the towne in w^h 
fire is constantly kept, shall be swept once every monctli from 
Septmber till March, and once every 2 moneths in suni'', 
w^h worke Goodman Cooper hath vndertaken to doe, and is 
to have 4*^ a peece for every chimney thatt is two storyes 
high and vpward, and 2^ a peece for all thatt are vnder 
2 storyes high, to be duely payd him by all those thatt agree 
w^h him, butt if any will doe itt themselves, and Goodman 
Cooper come after the time lymitted and finde them not done 
or not well done, he is to doe itt well, and to have double pay 
of those whose neglect itt is, and if he shall neglect to doe 
those, according to the intent of this order, w'^h he vnder- 
takes, he is to pay double pay for his neglect. 



Att a Court held att Newhaven the G''' of 
December, 1643. 

Goodma Chapman, brother Davis, John Thomas, Sam: 
Hoskins, brother Nicholls, Joh Charles, Thomas Barnes and 
Thomas Wheeler were fined 5^ apeece for want of ladders. 

Brother Thorpe, for comeing late to sett his watch, and 
neglecting to order itt aright when he did come, was fined 10". 

Jerimy Whitnell for ]iott* keeping a sentinell forth, and 
suffering att least some of his watchmen to sleepe, was 
fined 5^. \ 

Whereas John Tompson required satisfactio for some dam- 
age done to his corne by the hoggs of Mr. Eaton, Mr. Malbon 
and Mr. Lamberton, itt was ordered, that he should have sat- 
16 



122 NEW HAVEN COLONY RECORDS. [1643 

isfactio made by those (whose fence vpoii vciw shall be found 
defective) according to every mans proportio, w'^h shall be 
judged by indifferent men. John Chapman, Thomas Kim- 
berley & Will Preston are desired to goe w'h John Tompso to 
veiw and judge accordingly. 

Whereas Tho : Mouleno"" desired thatt some other should 
have the hearing of the difference betweene himselfe and this 
plantatio for his disorderly proceedings at Totokett, itt was 
ordered, thatt he shall have 6 moneths time to bring his arbi- 
tratoi's whom he shall chuse, (provided they Ijc godly wise) 
W^li if he shall not doe w^iin the said tearme, he shall submitt 
to the judgment of this Court, w^h condico he accepted. 



[80] Att a Court held att Newhaven the 
4tii OF January, 1643. 

Isaack Whitehead, Will Mecar, Thomas Powell, Tymothy 
Forde, Goodma Hitchcock, Rich: Webb, Pillipp Leake, bro: 
Elsey, Jonathan Marsh, Ric" Beach, John Lawrenson, Robt 
Emery, Will lies. Hen: Gibbons, Tho Robinso, Nicholas Gen- 
nings, Tho: Yale, John Hill, bro Lamson, fined each 1** for 
late coining to trayne. And Rich : Newman, John Beach, and 
James Stewart fined each man 2^ for twice late coming. 

Richard Newman, Peter Browne, Will Potter, John Beach, 
Goodma Ward, John Benliam, Isaack Whitehead, Rob* Leay, 
Tho Blakeley, John Medcalfe, bro Lamson, fined each man 
2^ for defect, guns. Will Bladen, Rich : Spery, Hen: Glover 
and John Thomas for defect in their cocks fined each man, 1^ 

Richard Newman and Will Potter & Isaack Whitehead fined 
6 pence a peece for want of shott. Will Mecar fined 1^ for 
want of shott and ponder, & Edward Chipperficld allso. 

John Hunter, Will Mecar and Will Blayden fined each 
man 1« for defect, sworde. 

John Hill, Edward Hitchcock and Amrose Sutton, fined 
each man 6*^ for want of flints, & Rich : Lowell 6<i for want 
of match. 



1643] NEW HAVEN COLONY RECORDS. 123 

John Hill & Edward Chipperiield, for want of worme and 
skourer, each 6'^ 

John Wolforde, defect, rest, fined 6^', 

Joh: Griffin, Jonathan Rnd, Will Wooden, Tho: Toby, 
Roger Knap, Sam: Hoskins, Edward Parker and Lanclott 
Fnller, fined each ma 3^ 4*^ for totall defect in arnies. 

Johnathan Marsh, Edmond Towly, fined each man 2-6 for 
totall absence, & James Stewart and Math: Crowder, each 
man 5* for twice totall absence. 

Mathew Hitchcock, fined 3^ 4*^ for a disorder in his watch. 

Whereas Thomas Blakeley suffered a sack w^h 3 bushells 
of meale of Mr. Lings, and a sack wUi one bushell of meale 
of .Mr. Francis Newmans, w^h he had the charge off, to be 
carryed to Long Hand, itt was ordered thatt he shall make 
good the said sacks and meale to the owners forthw^h, and he 
himselfe seeke satisfactio fro those who tooke the said sacks. 

And forasmuch as vpon this sentence of the Court, he went 
forth in discontente, and, in the hearing of divers, he re- 
proached the Court, charging the Court w'h injustice, w^h 
vpon examinatio appeared to be most falce, therevpon the 
Court ordered thatt the said Blakley shall pay 20^ fine and be 
comitted dureing the magistrates pleasure. 



Att a Court held att Newhaven the 8*^ of February, 

1643. 

Whereas an attatchme* hath beene granted against Francis 
Smyth to Thomas Blackley, for a debt of 17^ w^h the said 
Francis Smyth received of the said Blackley, as appeares by 
the testimony of Lawrence Warde, and forasmuch as the sum 
of 13^ rests in the hands of Sam : Whitehead w'^h belongs to 
the said Francis Smyth, itt was therefore ordered thatt the 
said 13s shall be detained on the behalfe of the said Blackley. 

Francis Church desired the justice of the Court agst 
Thomas Mouleno^ (for a debt of 2' 2^ w^h damages for 3 
yeares forbeareance,) on the behalfe of Thomas Whiteway, 
w<=h debt the said Mouleno'^ did confess to be due to the said 



124 NEW HAVEN COLONY RECORDS. [1643 

Thomas, and did referred himselfe to jiidgm* of the Court, 
and therevpo it was ordered thatt the principall, w^h 12^ dam- 
ages, shall be forthw^h payd to the said Church by the said 
Mouleno'". 

[81] ||Itt was ordered, thatt 1' 2« of James Nortons in the 
hands of Thomas Blackley shall be attatched on the behalfe 
of the Dellaware Company. 

Itt was ordered, thatt Thomas French l^eare halfe of all the 
losse w^h Avas layd vpon Thomas Blackley, the last Court, 
concerning the 2 sacks of mcale wh was carryed to Long 
Hand, because he was a cause of the mistake in the sacks. 

Mr. Cheevers desired 4 — 3 — 6 out of the estate of Mr. 
Trobridge, w<^h is justly due to him for teaching y^ children. 

Richard Beach hath ingaged his house and lott to secure a 
former agreem' in reference to the children of Andrew Hull, 
late deceased. 

A difference betweene Rob^ Ceeley and John Mason was 
referred to Mr. Gregson and Mr Malbon to determine. 



A Court held the 7^^ op March, 
1643. 

Mr. Stiles of Conectecutt desired;the justice of the Court 
against Geo. Larrymo'" concerning a debt of 10^, the remain- 
der of a debt of 25i w^h the said George was to pay for a 
servant, (by name Geo : Chappell,) w'^h he bought of the said 
Mr. Styles, w^h was testifyed on his behalfe by the said Geo : 
Chappell vpon oath as apeares vnder the hand of Mr. Swaine, 
a magistrate att Connectecut, before whome he was sworne, 
and confessed by the said Geo: Larrymo"" himselfe, onely he 
aleadged thatt he was nott to pay the said 10' vnlesse the said 
Georg Chappell did serve out his time, butt the said Geo : 
Larry mo"" did sell his time; therefore the Court ordered, 
thatt the said Geo : should pay the said 10' to the said Mr. 
Stiles w'hout delay. 

Rich : Mansfield demaunded a debt of 40^ of Hen : Gibbons, 
w'^h the said Hen: promised to pay w^iin a moneth, onely 



1644] NEW HAVEN COLONY RECORDS. 125 

desired to have 20^ of itt abated for lodging and fire wood for 
a whole winter in his cellar, w^h was thought reasonable, and 
Rich: Mansfield ordered to allow itt. 

Math : Hitchcock, for a willfull neglect to walke the round 
when the officers called him, was fined 5^ 

James Haward, Joh: Tompson, Will Bassett, Anthony 
Tompson, David Evance, Samuell Willson and Sam : Hoskins, 
fined each ma 6'' for foole guns. 

Tho: Yale and Jonathan Marsh for the same, 6'' a peece. 

Rich: Perry and his 2 men. Will Gibbard, and James Stew- 
art & Will Ball, for late comeing fined each ma 1^ 

Roger Knap, defect, all except a gun, fined 5^ 

Bro. Lamson defect, gun fined 4^. 

Theo : Higginson, James Stewart and James Haward defect, 
belt, fined 6^'. 

Itt was ordered, thatt the treasurer shall pay 1" to bro: 
Mosse w^h he layd downe for Goodma Paull. 

Mr. Batons 3 men, Theo : Higingson and his man, for com- 
ing w'hout amies on the Lords day, fined each mf^2^ 

Math Crowder, Thomas Caffins, Theo: Higginson, James 
Stewart, Tho: Meaks, Isaack Whitehead, Math: Row, Rich 
Mansfield, Tho: lies, Lawrence Warde, Job: Hill, John Coop- 
er, Jarvice Boykin, & Mr. Batons 3 men, fined each man 6<^, 
for late comming to the meeting w^h their amies Feb : 18, 1643. 



[82] Att a Gen'" Court held att Newhaven 
THE 25ti> OF March, 
1644. 

Mr. Malbon & Captaine Turner chosen Deputyes for this 
towne agst the Gen""!! Court for the jurisdictio. 

Mr. Malbon, Mr. Evance, Mr. Lamberton and Mr. Wakema 
chosen Deputyes for this halfe yeare next ensueing. 

A comittee was appoynted to consider of the springs, high- 
wayes and fences in questio about the neck, thatt itt might be 
fenced in for a pasture, wherevpon a questio was raised by 
bro: Gibbard, w'her they might not fence in their quarter 



126 NEW HAVEN COLONY RECORDS. [1644 

w^h the spring w^h is wthin the bounds for their land there, 
w^h, after some debate, itt was resolved they might nott, be- 
cause their was an order y* none should fence the springs in 
the neck fro the como when it is layd for a pasture, and 
so they rested satisfied. 

Mr. Malbon, Mr. Gilbert, Mr. Francis Newma and Joshuah 
Attwater were chosen comittee for the premises. 

Mr. Malbon vndertooke to see the neck fenced forthw^h, 
and those who have land their are to pay the cliarg, accord- 
ing to their proportio, w^hin 20 dayes after the account is 
given to them, or else they shall loose the feed of their land 
for 2 yeares next ensueing the date hereof. 

Itt was ordered thatt every quarter shall appoynt comittees 
for their quarters to veiw the outside fences, and where they 
finde defects to lett the owners know; and if they doe nott 
see itt mended vpon notice so given, if cattell breake in, 
though it canott certainely be found where they gott in, yett 
they must beare the damage whose fence was found defective 
and nott mended. 

Itt was ordered thatt they to whome the affayres of the 
towne is intrusted shall dispose of Totokett according as in 
their wisdome they see cause. 

Itt was ordered thatt the 2^ drume shall be the period of 
the souldiers coming on the Lords day. 

Itt was ordered thatt Stephen the drum'' shall have 5^ payd 
yearely out of the treasury while he continues drufhr. 

Vpon a propositio made by those who have the small lotts, 
thatt they may have the Bever meadowes granted to them by 
the Genri' Court, itt was ordered, thatt Mr. Wakeman, Mr. 
Gibbard, Goodma Gibbs and Mr. Pearce shall veiw the said 
meadowes and certifie the Court if they conceive it may nott 
,be inconvenient for the towne to part wUi itt. 



1644] NEW HAVEN COLONY RECORDS. l27 

[83] [Att a Court of Magistrates held att Newhaveri] 

THE FIRST OP ApRILL, 1644. 

Theopliiliis Eaton Goii^'no'", Stephen Goodyeare, 
Dep'y Goii>"no'", & Thomas Gregson, Magistrate 
Present, <( for New Haven. 

Will Fowler & Edmond Tappe for Milforde. 
Thirston Rayner for Stamforde. 

Thomas Stevenson and Georg Slowson of Stamforde, being 
appoynted in their course to watch the Dutchman who mur- 
dered Captaine Pattricke,* (he being kept prison"^ in the house 
of Captaine Ynderhill from whence he made an escape 
through their negligence,) were charged w'h the said escape. 

Tho : Stevenson said thatt they were carefull to discharge 
the trust comitted to them, according to the best of their 
vnderstandimg, butt Captaine Vnderhill perswaded them to 
lett him goe to bed in a chamber and tolde them thatt if they 
did butt lock the dore of the chamber wherein the prisoner 
lay, they might sitt by the fire in the lower roome att the 
foote of the staires, w<^h the did and had no company butt the 
captaine and his wife who stayed nott long w'li them before 
they departed to their lodging, and about 2 or 3 howers after, 
they missed the prison'', and then the called vpthe magistrate. 

George Slowson saith, thatt he questioning about the safety 
of the window of the chamber where the prisoner lay, the 
captaines wifef showed some dislike of itt, and said what adoc 
is here, yet the said Geo : rested not there, butt spake to the 
Captaine himselfe, who said thatt he had spoken w^h the pris- 

* Capt. Daniel Patrick had been a common soldier of the Prince's guard in Hol- 
land, was admitted freeman in Watertown, Mass., Maj^ 18, 1631, and chosen captain 
March 9, 1636-7. He grew, says Winthrop, proud and vicious, and perceiving that 
liis evil courses would not be endured in the Bay, he removed to within twenty miles 
of the Dutch and put himself under their protection, and when the Indians arose in 
those parts he fled to Stamford. He was killed in Capt. Underhill's house, on a Sun- 
day afternoon during the time of afternoon exercise. " The Dutchman had charged 
him with treachery for causing 120 men to come to him upon his promise to direct 
them to the Indians, etc., but deluded them. Whereupon the captain gave him ill 
language and spit in his face, and turning to go out, the Dutchman shot him behind 
in the head, so he fell down dead, and never spake." — Mass. Records i., Sav. 
Winth. ii., 151. 

t It will be I'emembered that Captain Underliill's wife was a Dutch Avoman. 



128 NEW HAVEN COLONY RECORDS. [1644 

oner to know if he had no temptatio to escape, who answered 
yea, butt alas, said he, whither can I goe, I had rather dye 
vnder the hands of a christian magistrate then vnder the 
hands of the Indians, and therevpon the said George rested 
more secure, he further saith, thatt when tlie messengers came 
from Newhaven, the captaine said to them, now looke to the 
prisoner yo"" selves for I will take charge of him no longer now 
that Newhaven men are come. 

They l)oth alleadge and stedfastly affirme, thatt tliey had 
no perticular directio how to order their watch, butt onely a 
gen""" charge wh was given att first to the watchmen, namely, 
watch the prisoner, and thatt itt was meere ignorance wh was 
the cause of this miscarry age. Butt because the magistrate 
affirmeth thatt he gave a new and more strict charge thatt 
night (vpon the coming of the messengers fro Newhaven,) 
then he had done formerly, and the watchmen deny thatt ever 
they heard of any other, so y* the case seemes darke, and 
because the Governo'' intends to go to Stamforde shortly, the 
Court referred itt to him to examine and determine their, if he 
see cause, or else to referre itt to the next Court of magistrates 
and binde the partyes whom it concernes to answer the 
same then and there. 

Richard Crab of Stamforde was called to answer his mis- 
carryage in chargeing the Court at Stamforde w^h injustice 
and dishonesty, he said he did nott charge the court, butt 
said itt was his apprehensio, and thatt he had studdyed the 
case, butt professed he could not yett see light thatt itt is just 
to punish the boy twice for one fact, he said thatt the occasio 
of the boys fact was l^ecausc he was wont to borrow a gun of 
the man fro whom lie tookc itt, and therefore thought he 
might make the more l)oklc to take itt att this time, butt att 
last seeing so cleare an evidence against him, he confessed he 
had failed in speakeiug such words, and said he was vnder a 
temptatio, fearing thatt if his boy were publiquely whipped, itt 
would cause him to run away, w^h would be a great losse to 
him and a greefe to his wife. The Court haveing heard all 
thatt he could say for himselfe, sensurcd him to pay 5^ fine to 
Mr. Rayner the magistrate att Stamforde before the next 



1644] NEW HAVEN COLONY RECORDS. 129 

court of magistrates, and allso to acknowledge his miscar- 
riage. 



The 2'1 of Aprill 1644. 

Whereas some cattell of tlie goods of Owen Row of London, 
marchant, have beene form' ly attatched att the suite of Rich : 
Bellingham of Boston Esqr. (for a debt of 62* 10%) who hath 
ordained Rich : Malbon of Newhaven his attournay to psecute 
the said attatclnn^, and the said Mr. Malbon hath now desired 
the judgm* of this Court concering the saide debt, w^h he 
cleared to the court to be due to the said Rich : Bellingham. 
And therevpon the court gave judgment for the said jMr. Bel- 
lingham, he haveing vndertaken, by a bill vnder his hand, to 
save this Court harmless fro all just molestations for the same. 



[84] A Gen['"] Court held att Newhaven [for the jnris- 
dictio] THE o'l OF Aprill 1644. 

Present. 

Magistrates. Dejmtyes. 

Theoph: Eaton, Governo'', \ . Captaine Turner ^ ])ro 

Stephen Goodyeare, Dcpty, > xr ^ Rich : Malbon \ Newh : 
Thomas Gregson, ) Zack : Whitman \ pro 



Will Fowler ) . John Astwood j Milford 

Edmond Tapp i ^'^'' J^Iil^^'tlc ^y^jj j^^^^^ ^ j^^^^ i^hQiii\x 

Thirston Rayner for Stamforde F Guilford 

Andrew Ward ] pro 
tt Rob* Coe j Stamforde 
Itt was ordered thatt the fundamentall orders concerning the 
fixed Genfii Courts and Courts of Magistrates shall be a suffi- 
cient sumons to all the plantations wt^hin this jurisdictio, and 
thatt they shall expect no other warning to prepare them for 
the same, and for thatt end the magistrate or mag'^ of every 
plantatio shall call a meeting some convenient time before the 
said Gen I"!' Courts to chuse their deputyes who are to lie sent 
17 



130 NEW HAVEN COLONY RECORDS. [1644 

w'h due certifficates, and not to come wi^hout as some now did, 
thoug-h the Court passed itt over att this time. 

This day a Ibrme of an oatli for the Governo"" and magistrats 
to take, and anotlier forme of an oath to he imposed upon 
all the inhahitants w^hin this jurisdiction was propounded to 
tlie consideratio of the court, who, after some serious dehate 
and consideratio, rested satisfyed w^h the said formes. And 
therevpon ordered, thatt itt should be forthw'h putt in execu- 
tio, and whereas the Governo'" doth shortly intend a journay 
to Stamforde on other occasions, the Court desired him to 
improve thatt opportunity, both attStamforde and att Milford, 
for the giveing of the oath, and the like att Guilforde in time 
convenient. Itt was further ordered thatt no person or per- 
sons shall hereafter be admitted as an inhabitant in this juris- 
dictio or any of the plantations therein butt he or they shall 
take the said oath vpon his or their admittance. 

Itt was ordered, thatt there shall be two marketts or fayrs 
for cattell and other goods every yeare att Newhaven, (viz) 
one on the third Wednesday in May, the other the third 
Wednesday in September. 

Itt was ordered, thatt the Court att Stamford shall pro- 
ceed in all their conclusions and determinations as the rest of 
the plantations in this jurisdictio doe, and as is ordered in the 
fundamental! orders of the last Genrii Court for the jurisdic- 
tio, (viz) thatt the sentence of the Court be carryed hj the 
vote of the majo'' part of the Court. 

Itt was ordered, thatt whensoeter any capitall offendo'' 
shall be apprehended w'hin this jurisdictio, he shall he sent 
w''h all convenient speed to Newhaven, there to be kept in 
safe custody till he be brought to due tryall. 

Itt was ordered thatt the judicial! lawes of God, as they 
were delivered by Moses, and as they are a fence to the mor- 
rall law, being neither typical! nor ceremonial!, nor had any 
referrence to Canaan, sliall be accounted of morrall equity, 
and gen''!!y hindc all offendo''% and be a rule to all the courts 
in this jurisdictio in their proceeding against offendo''% till 
tliey be branclied out into perticulars liereafter. 

Itt was ordered thatt in case any of the magistrates in the 



1644] ' . NEW HAVEN COLONY EECOEDS. 131 

smaller plantation see need of help in some weighty causes or 
difficult knotty cases, vpon due notice and request to the 
Governo'", provisio shall be made accordingly. 
[85] ||Itt was ordered tliatt for the more comfortable carry- 
ing on of the affayres att Guilforde till they have a magistrate 
their, the free burgesses may chusc among themselves fower 
deputyes and forme a court. 

Itt is ordered thatt every male from 1(3 to 60 yeares olde 
wt^liin this jurisdictio be furnished forthw*h, w^h a good gun, 
a sword, a pound of good pouder, 4 fathom of match for a 
matchlock, 5 or 6 good flints fitted for every fyre lock, and 4 
pound of pistol! bulletts, or 24 bulletts fitted for every gun, 
and so continue furnished from time to time, vnder the pen- 
alty of 10^ fine for every person found faulty or defective. 

Itt was further ordered, thatt the Captaine shall give order 
to the officers, that they take a strict veiw once every quarter 
of a yeare, thatt all the males from 16 to 60 be furnished as 
above, vnder the penalty of 40* fine, and if the officers shall 
neglect to doe itt att his appoyntment, their fine is 40^ allso, 
to be leivyed att the discretion of the Court, and tliatt a 
rctourn of the said veiw be made vnto the magistrate or 
Court, by the captaine or his clarke att his appoyntm', vnder 
the penalty of the fine aforesaid. Moreover, itt was ordered, 
thatt there shall be att least 6 traynings every yeare in every 
plantation, & never above one of those 6 in a moneth, vnder 
the penalty of 5' fine, to be leivyed of the military officers for 
every default. Note thatt in such plantations where there is 
no captaine for the present, there the cheefe officer is in stead 
of the captaine, and is to veiw vnder the penalty of tlie cap- 
taines fine. 

Itt is allso ordered, thatt throughout this jurisdictio, there 
shall be a comon stock of pouder and shott, according to the 
orders of y" comissioners for the coUonyes,* (viz) a hundred 

* " The comissioners do think itfitt to aduise every general court that they would 
see thatt every man may keepe by him a good gun and sword, one pound of pouder 
with foure pounds of shott, with match or flints sutable, to be ready vpon all ocations, 
and to be carefully viewed foure tyraes a yeare at least. And that over and aboue 
this, euery generall court do see that they keep a stock of pouder, shott and match 
ever by them. And it is conceived by the comissioners that one hundred pounds ot 



132 NEW HAVEN COLONY RECORDS. [1644 

pound of ponder and 400' of sliott, (layde vp in every plan- 
tatid,) for every hundred men or males as aforesd, and so 
in proportid differently, vnder the penalty of 1^ fine for every 
pound of ponder, and 20^ for every hundred weight of shott 
AV'h shall be found wanting after 3 moneths next ensueing Ije 
oxpyrcd ; the fines for these defects are to be payd into the 
como wealths treasury. 

Itt was ordered, thatt a 4ti« part of the trayned band in 
every plantatio shall come to the publique worP^ of God att 
the beating of the 2^ drum att furthest, w*h their amies com- 
plcat, their guns ready charged, w'h their match for their 
matchlocks and flints ready fitted in their firelocks, & shott & 
pouder for att least o or 6 charges, (besides their charge in 
their guns,) vnder the penalty of 2« fine for neglect or defect 
in furniture, and 1^ for late comeing, allso the sentinell, and 
they who walke the rounde, shall have their matches lighted 
dureing tlie time of the meeting, if tlicy vsc match locks. 

Itt was ordered, thatt a strict watch shall be kept in all the 
plantati(3^ in this jurisdictio, from the first of March to the 
last of October every yeare ordinaryly, leaveing extraordinary 
cases to the Governo'' or Magists, to order as occasion may 
require, and in the ordinary course to be observed as follow- 
etli ; The drum is to beate att the goeing downe of the su, all 
the watchmen to be there w'^hin an liower after the setting of 
the suii, w^h their amies compleate and guns charged, and att 
least 5 or 6 shotts of shott and pouder besides, for each of them, 
and if any of them come late, or be defective in their arnies, 
they are to pay 1** fine. If totally absent, 5^ fine. The watch 
is to be sett w^hin an bower after the sunsett, and so is to con- 
tinue vntillitt be halfe an bower day light in the morning, in all 
w^h time none are to sleepe. These fines are to be payd into 
the severall plantions treasury. 

pouder and foure hundred pounds of shott, with match sutable, at the least, be pro- 
vided for ever}' hundred men thorow all the vnited Colonies of New England, and that 
the comissioners at each meeting report how the seueraUjurisdiccons are furnished. 
* * * It is judged meete by the comissioners that there be trajmeings at 
least six tynies euery yeare in each plantacon within the confederacon." — Rec. U. 
Col. Sept. 1643. Hazard ii, 9. 



1644] NEW HAVEN COLONY RECORDS. 133 

Itt was ordered, thatt the Deputy Governo'' shall give the 
Govcrno'' his oath. 

Itt was ordered thatt the Secretary shall have ^ 

sallary, and the marshall 3^ p aiiu. 



[S6'] A Court held att Newhaven the 5^'' 

OF Aprill 1644. 

John Dillingham, Jonathan Rudd, Edmond Tooly, John 
Massam, John Hurndell, Mr. Auger, Lanclott Fuller, Wiii 
Wo(5dcn, Dauid Evance, for a drunken disorderly meeting at 
the prison on a Lords day att night, where they drunke 3 bot- 
tles of sack containing 3 quarts, and 2 quarts of strong water 
besides ; were fined every man, according to the quallity and 
aggravatio of his offence, as followeth, John Dillingham and 
Jonathan Rud were fined 20^ apecce, being the anthers prin- 
cipally, Edmond Toly 10^ for fetching the wine, and John 
Massam for fetching the strong liquor, fined 10% John Hurn- 
dell, Mr. Auger, and Will Wooden, fined each man five % and 
Lanclott Fuller and David Evance fined each 3* 4^^ apeece, 
because they were butt occasionally present w'li the rest. 

Itt was ordered thatt Sergeant Beckley according to his 
desire, shall have liberty for this yeare to make a Avare in the 
East River and thatt none shall take lil^erty to doe the like 
w'^hout license of y^ court. 

Forasmuch as the whole estate of Thomas Trobridge of 
Newhaven is to be sequestred for the paym* of his debts, (he 
absenting himselfe, and takeing no course concerlng the same,) 
and his famyly to be disolved. Sergeant Geffrey and his wife 
being willing to take the children of the said Thomas Tro- 
bridge vpon tearmes as followeth, thatt he may have 20 bush- 
ells of corne, a brass pott, and a bed for the children to lye 
vpon, the Court ordered thatt the children should be putt to 
the said Sergeant Jeffrey vpon the said tearmes; provided 
thatt in case their father shall come over, or send to take order 
concerning them, thatt then he will referr himselfe to the Court 
to judg and determine whatt is equall for him to have for the 



134 NEW HAVEN COLONY RECORDS. [16J:4 

keeping of them, & in the meane time he will take care 
thatt they be well educated and nurtured in the feare of God- 



Att a Court holden the It of May 1644. 

Bro : Pery, being ma"" of a watch and willfully neglecting 
itt, was fined 10^ 

Math Row, for sitting downe to sleep when he should have 
stood sentinell, was fined 5^. 

Bro: Nicholls, bro: Gibljert, Rich: Web, Tho: Wheeler, 
Hen Lendall and Will Bassett, fined each man 1^ for late pom- 
ins: on the Lords dav w*h their armes. 



[87] A Gen''1i Court held att Newhaven the 25 of 
May 1644, about the Indians. 

A letter from Mr. Ludlow was read in Court wherein lie 
intimated thatt whereas an Englishman hath been crucly 
murdered of late l)y the Indians, (as he was travilling betwixt 
Stamforde and Vnkaway,) he had caused 7 Lidians to be 
apprehended, hopeing thereby to procure the murderers, butt 
the Indians riseing in great companyes about theire toAvne doe 
putt the inhabitants thereoff in feare, and therefore he desired 
advice whatt to he should doc in the case. Wherevi)on itt 
was ordered y^ advice should l)e given him to detaine the 
Indians prisoners, wUi intematio thatt if there be cause of 
help and they desire itt, men shall be sent vnto them vpon the 
retourne of the messengers, and for thatt end thatt 20 men 
shall be putt in readynes forthw*h, and fitt to send if need be 
upon a short warning. 



1644] NEW HAVEN COLONY RECORDS. l35 

A Gen^ii Court held att Newhaven the 3 op June, 1644. 

A letter from Thirstou Rayiier, magistrate of Stamforde, 
being read in the court, itt appeares, thatt a woma of thatt 
towne hath of late beene cruelly wounded if nott murdered by 
an Indian,* so thatt itt is thought thatt the Indians being so 
bolde and insolent are misceivously bent to begin a warr 
against the English, therefore, itt was ordered, thatt a speedy 
course be taken to finde out the murderer, and thatt the Gov- 
erno'', magistrates and deputyes, w^h the captaine and leive- 
tennant as a councell of warr, shall order all the martiall 
affayres in this jurisdiction yntill the next court of electio. 



Att a Court held att Newhaven 5th of June, 1644. 

John Chapman being ma'' of a watch and neglecting itt, was 
fined 10^ 

Mr. Gilberts man, being absent att his watch, was fined 5^. 

George LarrynW, for neglecting his watch, fined 2^ Q'^. 

Theophilus Higginson was complained off for keeping a dog 
w^h hath trespassed divers of his neighbours, and he hath 
beene tolde of itt. 

A will and inventory of John Owens delivered into the court 
by John Hall, his executo''. 

Itt was ordered thatt George Pardy shall dwell w^h Francis 
Broone as his apprentice, for the tearme of 5 yeares from 
lienceforwarde, dureing w^h time the said Francis is to doe his 
endeuo"" to teach him the trade of a taylo^. 

* " At Stamford an Indian came into a poor man's honse, none being at home but 
the wife, and a child in tlie cradle, and ta'king up a lathing hammer as if he would 
have bought it, the woman stooping down to talic her child out of the cradle, he 
struck her with the sharp edge upon the side of her head, wherewith she fell down, 
and then he gave her two cuts more which pierced into her brains, and so left her for 
dead, carrying away some clothes which lay at hand. This woman after a short time 
came to herself, and got out to a neighbours house, and told what had been done to 
her, and described the Indian by his person and clothes, etc. Whereupon many In- 
dians of those parts were brought before her, and she charged one of them confidently 
to be the man, whereupon he was put in prison with intent to have him put to death, 
but he escaped, and the woman recovered, but lost her senses. Sav. Winth. II. 188. 



tdQ NEW HAVEN COLONY RECORDS, [1644 

[88] Att a Gen'I' Court held att Newhaven the 23 of 

June, 1G44. 

Bro : Will Tompson and Henry Lendall were admitted mem- 
bers of the court. 

The formes of two oathes were propounded to tlie Court to 
be taken the next second day in the morning, by all the inhal)- 
itants in this plantatio, one of them is to be taken by all, and 
the other by the governo'' onely. 

A motio made on the behalfe of Goodma Smyth for a lott 
by the sea side, beyond the West River, was taken into consid- 
eratio and referred to bro: Gibs, bro: Miles, bro: Ceely, bro: 
Clarke and bro: Peck, to see if itt may stand w^h the conven- 
iencie of the towne to grant itt. 

Itt was ordered thatt the night watches be carefully attend- 
ed, and the warde of the Saboth dayes be dilligently observed, 
and yt every one of the trayncd band bring their amies to the 
meeting every Lords day; allso y^^ the great guns be putt in 
readynes for service ; allso y' the dru be beaten every morning 
by breake of the day, and att the setting of the sunne. 

Itt was ordered y'' every Lords day 2 men shall goe w^h 
every heard of cattell w'h their amies fitted for service vntill 
these dangers be ouer. 

Itt was ordered thatt the fearmes shall be freed fro watchins 
att the towne while there is need of watch att the farnies, pro- 
vided thatt they keepe a dilligcnt watch there. 



Att a GENfii Court held att Newhaven the 1^ of July, 

1644. 

The Governo'' tooke this oath as followeth, 

I Theophilus Eaton, being att a Gen'"'' Co'' in October last, 
chosen Governo'' w^iin Newhaven Jurisdictiu for a yeare then 
to ensue, and vntill a new Governo'' be choseji, do swcare by 
the great and drcadfull name of the ever living God, to pro- 
move the publique good and peace of the same, according to 
the best of my skill, and will allso maintaine all the lawfull 
priviledges of this como wealth, according to the fundamentall 



1644] • NEW HAVEN COLONY RECORDS. 137 

order and agreeing made for goveriimt in this jurisdictio, and 
in like manner will cndcno'' tliatt all wliolsomc lawcs thatt 
are or shall bo made by lawfull antliority here established l)e 
dnely execnted, and will further the executio of justice accord- 
ing to the righteous rules of Gods worde, so help me God in 
o'" Lord Jesus Christ. 

The Governo'' haveing allso received the oath of fidelity as 
followeth, I Theophilus Eaton, being by the providence of God 
an inhabitant w'hin Newhaven Jurisdictio, doe acknowledge 
myselfe to he suljject to the goverm^ thereof, and doe sweare be 
the great and dreadfull name of the ever living God, to be true 
and faithfull vnto the same, and doe submitt both my person 
and my whole estate therevnto, according to all the wholsome 
lawes and orders thatt for present are or hereafter shall be 
there made and established by lawfull authority, and thatt I 
will neither plott nor practise any evill agst the same, nor con- 
sent to any thatt shall so doe, butt will timely discover the 
same to lawfull authority here established, and thatt I will as 
I am in duety bounde, maintaine the hono"" of the same and off 
[89] the lawfull magistrates thereoff, promoting the || pub- 
lique good of the same whilest I shall continue an inhabitant 
there. And whensoever I shall be duely called as a free Imr- 
gesse, according to the fundamentall order and agreem^ for 
governmt in this jurisdictio to give my vote or suffrage touch- 
ing any matter w^h concerneth this como wealth, I will give 
itt as in my conscience I shall judge may conduce to the best 
good of the same w^liout respect of persons, so help me God, 
&c. 

Then he gave itt to all those whose names are herevnder 
written, 

Stephen Goodyeare Thomas Fugill Rich : Hull 

Thomas Gregson Ezech: Cheevers John Mosse 
Richard Malbon John Ponderson Adam Nicholls 
John Evance Will Andrewcs Abraham Bell 

John Wakeman John Chapman Joshuah Attwater 

Nath : Turner John Clarke Tho : Kimberley 

Math: Gilbert Rob' Ccely Tho: Jeffreyes 

18 



138 



NEW HAVEN COLONY RECORDS. 



[1644 



Will Thorpe 
Francis Newmil 
Andrew Low 
Tho: Monnson 
Tho: Nash 
Rich : Pery 
Witt Peck 
John Gibbs 
John Livcrmoore 
Nicho: Elsey 
Antho: Tompson 
John Vincent 
Will Potter 
Jasper Crainc 
Rich Miles 
Roger Allen 
Will Ives 
Francis Browne 
John Nash 
Will Davis 
Sam : Whitehead 
John Brockett 
Math Camfield 
Tho: Lamson 
Math : Moulthrop 
Will Preston 
Tho : Beamont 
Marke Pearce 
James Russell 
Will Tompson 
Henry Lendall 
Robt Abbott 
Will Gibbard 
Will Bassett 
Thomas Wheeler 
Henry Browning- 
Benjamin Lingo 
Tho: Yale 



Rich : Beckley 
John Cowp 
Jarvis Boykin 
Robt Hill 
Rob* Johnson 
Arther Halbidge 
Edward Banister 
Tymo: Fordo 
Matliias Hitchcok 
James Clarke 
Rich: Osborne 
Edward Patteson 
Geo : Smyth 
Will Janes 
Jerr: Whitnell 
Tho: Morris 
Benjamin Willmott 
Tho: Powell 
Peter Browne 
John Tompson 
John Tomas 
Tho: Mitchell 
Will Gi1)bons 
John Hall 
Luke Hitchcock 
Rich: Newman 
Tho: Knowles 
Edward Chippfield 
Steph: Medcalfe 
Christo: Todd 
Tlio : Osborne 
Robt Pig 
Natli: Merrymii 
Sam: Higginson 
Theoph: Higison 
David Atwater 
Ricli: Mansfielde 
Hen : Glover 



Daniell Paule 
John Wilforde 
Hen: Peck 
Will Russells 
Will Fowler 
Geo Larrymore 
Rol)t Allen 
John Caffins 
Tho: Wheeler 
Luke Atkinson 
Thomas Lupton 
Ephraim Penington 
Allen Ball 
Edward Parker 
Lawrence Warde 
Tho: Coefield 
Johnath: Rudd 
John Griffin 
James Hewarde 
Rich: Beach 
David Evance 
Robt Campion 
Edward Watson 
John Dillingham 
Will Slow 
Robt Martin 
John Hill 
Aml}rose Sutton 
John Walker 
Thomas Blakeley - 
Thomas Clark 
Rich: Spery 
Henry Morrill 
Tho: lies 
E]dmond Tooly 
Johnatlian Sergant 
Tho: North 
Robt Persons 



1644] 



NEW HAVEN COLONY RECORDS. 



139 



Will White 
Raiph Lines 
Rob* Bassett 
Roger Knap 
Robt Mecar 
Will Mecar 
John Beach 
John Hutchison 
Joseph Peck 
Tho: Robinson 
Will Fancie 
Rice: Edwards 
Tho : Robinson jun 
Mighell Palmer 
Robt Lee 
Will Holt 
Tho: Barnes 
Rob* Emery 
Robt Vsher 
James Guillam 
Ed: Campe 
Phillip Leake 
Abra: Doolittle 
Will Ball 
Nich: Baly 
Rich: Harrison jii"^ 



James Bell 
John Linley 
Isaack Mould 
Joseph Alsop 
Rich: Lambert 
Edward Preston 
Edward Newton 
Will Bladen 
Rich : Webb 
John Mors 
John Kimber 
Joh: Seckett 
Fran: Church 
Plen: Gibbons 
Will Paine 
John Hurnde[ll] 
Tho: Caffins 
Isaak Beaclie[r] 
Edward Hitch [cock] 
John Massam 
Geo : Duning 



August 5th 
1644 
Fran: Brewst[cr] 
Geo: Lamberton 



Joh: Benham 
Edw: Wiglsewor[th] 
Johnath: Marsh 
Raiph Diglito ^-^ 
Mr, Bracie 
Joh: Wakefi[cld] 
Hen: Bisli:p 
Will Bradley 
Abra : Stolyon 
Geo : Warde 
Roger Betts 
Nath : Burchall 
Fran: Hall 
Joh: Herrima[n] 
Sam: Hoskins 
Rich : Harrison [sen] 
Nich : Auger 
Sam: Willson 
Peter Mallery 
Joh: Hunter 
Martin Titchin 
Sam: Caffins 
Will Toutle 
Hen Rudcrford 
Joh: Bassett 
Joh: Megs 



[The following names in the handwritm^ 



March the 7'^ 1647 
Samuell Ceffinch 
Thomas Johnson 
, Mathew Rowe 
Isacke Whithead 
Richard Mordan 
Joseph Gernsye 
Edward Keylye 
Richard Hubball 
Job Halle 



Henery Loynes 
William Judson 
James Bishope 
Daniel Turner 
Thomas Meekes 
Henery Carter 
John Chidsye 
Beniamen Hill 
Joseph Nash 
Thomas Beech 



of Francis Newman.] 

Henery Bristowe 
John Winston 
Robert Preston 
Thomas Marshall 
Thomas Dun 
Joshua Griffen 
Samuell Goodanhouse 
John Tompson 
Edward Watters 
John Jones 



140 



NEW HAVEN COLONY RECORDS. 



[1644 



The 2*1' ofMayelG47Ephraim How 

John Knight 

old Willmott John Johnson 

Samiiell Marsh Geo: Pardy 

-: James Eaton 

John Jackson 
Jeremiah Osborn 



John Benham jun'' 
Joseph Benham 



May 2'i 1654 



the 18th of October 

1648 
at a court of Magis 

trats. 
Mr. Westerhousc 



Hen: Boutle 
Sam Andrewes 
Robert Clarke his man Thom Hogg 



A prill 4th 1G54 



Mr. Samuell Eaton 
Robert Talmago 
Thomas Harrison 
John Downe 
Timothy Nash 
Jeremiah How 
Sam: Farres 



Edward Perkins 
Andrew Hallaway 
John Brookes 
John Hudson 
Thomas Trobridge 
Jeremia Hull 
John Potter 
Richard Johnson 
John Allen 
John Baile 
William Pringlc 



Math : Molthrop jun 
Joseph Potter 
Anthony Tompson 
Ellis Mecs 
Hen Hummerston 



22th May 1654. 
Will Willmott 
Will Wooden 
Richard Miles jun^ 
Daniell Hopper 
William Gibbs, Hatter [J]ohn Tuttill 
see 138 



[Transferred from page 138. In the handwriting of Fi-ancis Newman. J 

The names of persons that haue taken the oath of fidellitie 
are entered in fo: 89, and follow as hereafter, ye 7th 2^ mo: 
1657. 

Mr. Bower Tho : Tomlinson 

Mr. John Dauenpo'"t Tho: Addams 

jun John Walker 

Samuell Wakeman Sam: Ford 



Geo: Constable 
Jonathan Tuttill 
Jeremiah Johnson 
John Laml)ert 
Jolin Dauis 
Anthony Ellcott 
Wiilm: Chatterton 



Benja: Bunill 
Edmund Dormer 
Sam Myles 
John Browne 
John Hull 
Thom Weedcn 
Isack Hall 



Daniell Bradley 
Joseph Mansfeild 
John Tompson 
Humphery Sj^enning 
Wilhn Tyler 
Mr. Melyen 
Jacol> Melyen 
Willm. Anderson 
Richard Anderson 
Stephen Daniell 



1644] NEW HAVEN COLONY KECORDS. 141 

[The following in the handwriting of Mr. Gihbard.] 

Th e fir St of May 1660 Joseph Pecke Stephen Bradely 

Thomas Hiickly Nathaniel Boykin Zackariah How 

Daniel Shearman Nathan Andrewes Nathaniel How 

Moses Mansfeild Thomas Tuttle John Hiclicock 

Richard Bowten Hackeliah Preston Mathias Hithfeild 

George Rawse Isaac Turner Cornelius Offhening 

James Clarke junio'' Nathaniel Thorp 
Jehiell Presto Eliazer Browne 

[In the handwriting of Thomas Fugill.] 

[90] Itt was ordered thatt the weekely traynings of the 
squadrons shall be renewed as before, every last day of the 
weeke, (except thatt weeke wherein the gen^n trayning is, 
w^^h is to be every fift weeke, and that the olde orders be ob- 
served, W^h was made the 6' of August 1642, concerning the 
trayning of y^ squadrons. ' 

Liberty was given l)y the Court to begin an Artillary com- 
pany, and to ad to themselves such as out of the trayned 
Ijand or others being free, doc offer theselves to be of the 
Artillary, and to chuse their owne officers and settle their 
owne orders, so as they use the said liberty moderatly, 
nott intrenching upon the fundamentall agreem* of this Court, 
provided allso thatt they so order their traynings, thatt if any 
of the officers of the trayned band be of the Artillary, they 
may attend the squadrons traynings and yett not loose the 
opportunity of the Artillary meetings, and thatt all such as 
are accepted of the Artillary shall be freed from the squad- 
rons traynings if they be nott officers of the trayned band. 

Itt was ordered, thatt if a trayning day prove rayny, the 
next second day after shall be for a gen'^i^ trayning in stead 
thereof. 

John Clarke desired to lay downe his sergeants place, 
whereupon John Nash was chosen sergeant. 

Abraham Bell was chosen corporall in stead of John Nash. 

Joshuah Atwater desired to lay downe his clarks place, and 
thereupon Rich : Perry was chosen clarke of the trained band 
in his stead, and he freed from trayning in respect of his 
weakenes. 



4 

142 NEW HAVEN COLONY RECORDS. [1644 

Mr. Gregson and Mr. Wakema propounded, tliatt the land 
towards Mr. Goodyears farme and the plaine by the pine rock 
may be veiwed, to see if it will accomodate their quarters for 
their 2^ divisio and sute the townes occasions allso. 

Mr. Gregsoii desired thatt he might have his 2^ divisio by 
the Sollitary Cove,* and Mr. Hawkins by the sea towards 
Milforde. 

Captaine Turner, Mr. Malbon, Rob^ Ceely and Francis 
Newman were desired to veiw the said lands in question. 

Itt was ordered thatt whatsoever pigs under 3 quarters of a 
yeare olde shall be found in the corne unyoakcd, no fence 
being downe, the owners of them shall pay 6'^ apeece. This 
order to be in force no longer then till Indian harvest be inned. 

Itt was ordered, thatt Rich : Miles, Wiil Davis and Nicholas 
Elsey, shall see tliatt all the measures in the towne lie made 
according to the stander sent from the Bay.f 



A Court the S'^ of July, 1644. 

Will Andrews was warned to the Court about some defects 
in the meeting house, butt the prosecutio of itt respited. 

Joh : Hall demand 3^ due to him from Roger Knap in the 
right of his wife w^h he did acknowledge, whereupon it was 
ordered, thatt he should paye the said 8', only a1)ateing 14« 
w^h he hath done in worke for John Woollen, brother to the 
said John Halls wife. 

Edward Banister demaunded 4^ of Goodma Bishop on the 
behalfe of Joh : Burrows, whereupon it was ordered, that the 
said Goodma Bishop shall putt in security to pay the mony 
into the Court the next Court, excep he can show cause to 
the contrary. 

* Mr. Gregson was the first white settler of East Haven. Dodd, E. H. Mem. 11. 

t " It is thought fit and ordered that there be one and the same measure throughout 
all the plantations within these vnited Colonies, which is agreed to be Winchester 
measure, viz : eight gallons to the bushell." Eec. I'. Coll. Sept., 1643. Hazard, ii. 10. 



1644] new haven colony records. 143 

[91] Att a Gen""!' Court held the 5^^ of August, 1644. 

Forasmuch as there are certaiiie percells of meadow ad- 
joyning to the skirts of y*^ upland in severall parts of the neck, 
w^h belongs to sundry planters in the towne and thatt meadow 
cannott be improved to the best advantage of the owners w^i- 
out being inclosed, the neck being now layd for a pasture of 
cattell, itt was therefore ordered, thatt in the towns behalfe 
the treasurer shall pay for one halfe of the fence thatt is or 
shall be made betwixt the said meadowes and the upland, w<=h 
fences being once made, they who owe the meadowes are to 
maintaine them ever after at their owne proper charge. And 
in case any pticular quarter or pson shall desire to fence 
their land in pp, before they begin they shall pay to the treas- 
urer their proportio of the aforesaid gen^'^i charge, as itt shall 
be then judged worth. 

Mr. Malbon, Mr. Lamberton, and Mr. Evance, having 
seriously considered the great damage w'^h this towne doth 
suffer many wayes, by reason of the flatts w^h hinders vessells 
and boates from coming neare the towne when the tyde is 
anything low, did propound to the Court thatt if they will 
grant them 4 dayes worke for every man in the towne fro 16 
to 60 yeares olde, towards the digging of a channell, and lett 
them have the benifitt of a wharfe and warehouse, (w<^h they 
will build) upon such tearmcs as shall be agreed betwixt 
themselves and a comittee, (whom they desired the Court 
then to chuse to treat w'h the about itt,) they will digg a 
channell w<=h shall bring boates, (att least) to the end of the 
streete besides Will Prestons house, att any time of the tyde, 
except they meete w^h some invincible difficulty w^h may 
hinder their digging the channell so deepe — Whereupon itt 
was ordered, thatt they shall have the help propounded by 
them, (viz :) 4 dayes worke of every male in the towne from 
16 yeares old to 60, those thatt cannott worke, to hyre others 
to worke in their stead, and those thatt can, to worke in their 
owne persons. And thatt Mr. Rob^ Newman, Mathew Gil- 
bert, John Wakman, Will Gibbard, Jasp Craine, Will An- 
drowes, Anthony Tompson, and Rob* Ceely as a comittee, w^h 



144 NEW HAVEN COLONY RECORDS. [1644 

the advice of the governo'' and magistrates to treate w'h the 
said vndertakers, and agree upon such tcarmes as may be 
equall and for the pul)lique good, setting downe in writing 
whatt is done and expected on either pt. 

Wiil Peck having butt halfc of a small lott to his houslott, 
whereby he is much straitened, desired 20 rod of ground 
over agst his house by the creeke, w^h was granted w^h this 
proviso, thatt, if the towne sec cause to take itt fro him for 
any publique vse, he shall relinquish itt, they paying him 
such charges as shall be judged just. 

Mr. Gregson desired thatt he might have his 2'' divisio Ijy 
the place called the solitary cove, W^h was granted him. 

Itt was ordered thatt all the measures in the towne shall be 
fitted according to the new measure W^h is brought from the 
Bay and appoyntcd to be the standard for all tlie collonyes, 
and marked w^h a new marke NH , and those who arc to doe 
itt are to have 4^^ for every bushell W'h they so fitt and marke, 
2*' a peece for every halfe bushell, peck and halfe peck, and 
2'i allso for every bushell w'^h the onely marke and doe 
nott cutt. The day appoynted for the said service is the 19*'' 
day of this moneth, att w^h day every one thatt have meas- 
ures to fitt are desired to bring them to the meeting house. 

Those who were desired to veiw the Beauer meadowes 
made retourn thatt they conceive itt will not l)e convenient 
for the towne to part w4i itt. 



[92] Att a Court held the 7t>i of August, 

1644. 

Whereas complaynt was made by Thomas Nash of damage 
done in his corne to ye value of 9 bushells by lioggs in their 
quarter, itt was ordered, that the coihittee form'ly appoynted, 
(viz :) Thomas Kimberly, John Chapma, Thomas Mounson 
and John Tompso, naylc, shall veiw the fences of the said 
quarter, and so farr as damage hath come by defective fences, 
they are to lay the charge of the said 9 busliclls upon the 



1644] NEW HAVEN COLONY RECORDS. 145 

severall fences they finde defective, and if all cannott meets 
about tlie said veiw, then 3 of them may determine itt. 

Theophiliis Higginson desired the Court to forbeare him 
till the next springe, aleadging thatt he is nott able to pay his 
fines till then, whereupon the Court granted his desire. 

Itt was ordered thatt all the fines shall be demaunded fortli- 
w'h, and if any refuse to pay, the marshall is to warne them 
to the Court. 

Richard Newma, being warned to the Court for neglect of 
his watch, he nott appearing, itt was ordered, thatt if he come 
nott before the Court rise, he shall pay 1^ fine for not appear- 
ing, and 1^ to him thatt watched in his steade. 

Richard Perry having beene formerly fined 40^ for neglect 
of his watch, att his humble request for ?orae modcratid, the 
Court ordered thatt he should pay onely 15'' . 

Will Andrewes, haveing undertaken to build and finish the 
meeting house, did lett out some part of the worke to Thomas 
Mounson, and Jervas Boykin, who putt itt off to Thomas 
Saule and Will Gibbons, w^h the said Will Andrewes consent 
and approbatio, provided they did itt well, butt in the issue 
itt was defectively done by the said Thomas Saule and Will 
Gibbons, and Thomas Mounson and Jarvas Boykin conceive 
they are discharged of their bargaine, butt Will Andrewes 
^Ueadged thatt he never discharged them of their covenant 
whereby they were bound to doe itt well and substantially, butt 
w^h condico, thatt they should see the said Thomas Saule 
and Will Gibbons pforme their bargaine w^h was to make the 
roofe of the tower and turrett thite to keep out wett, butt be- 
cause there was a defect of testimony on all sides, the Court 
advised them to consult together and doe itt amongst them so 
as the meeting house may ho kept dry w'liout delay. 



19 



146 NEW HAVEN COLONY RECORDS. [1644 

Att a Gen^h Court held the 19th of August 
1644. 

Captaine Turner and Mr. Malbon were chosen Deputyes 
for the Genfi' Court to beheld for this jurisdictio about the 
tryall of an Indian, (called Busheage,) who is to be arrayned 
for murder.* 

Itt was ordered, thatt whosoever doth pass through a como 
gate or a gate into a como field and leavs itt nott well shutt, 
shall pay 5^ fine and beare all damage w"h shall come by such 
their neglect. If children or servants shall doe itt, their 
parents or governor's shall pay itt for them, butt the servants 
to beare itt out of their wages. 

Itt was ordered, thatt they of the watch who walk the last 
round shall call up the drumi" an hower before day every 
morning to beate the drum. 

Itt was desired, thatt seeing Mr. Malbon is to be fro home, 
thatt the other 3, (viz:) Captaine Turner, Leivtenant Seely 
and Antient Newma would perfect the veiw intrusted avMi 
them the 1^ of July last. 

The marshall is to cry all lost things wh are brought to 
him to keep, on the lecture dayes and faire dayes, and to have 
1^ for evy cry, of the partys who shall challeng the things 
cryed. 

Itt was ordered, thatt the next 5'i' day shall be a gen'^i 
traying, and the next gen'" trayning to hold notw^hstanding. 

* For the murder of the woman at Stamford, ante p. 135. He Avas arrested and 
delivered to the English by Wuchebrough a Potatuck Indian. The record of the 
trial is lost, but Winthrop informs us that " the magistrates of New Haven, taking 
advice of the elders in those parts, and some here, did put him to death. The execu- 
tioner would strike off his head' with a falchion, but he had eight blows at it before 
he could effect it, and the Indian sat upright and stirred not all the time." Sav. 
Wiuth. ii. 189. Rec. U. C. Sept. 1646. 



1644] new haven colony records. 147 

[93] Att a Court held att Newhaven the 2'1 of October 

1644. 

Roger Kiiap Avas discharged of his fine w^h was sett upon 
his head for want of armes, because the Court was informed 
thatt his armes was burnt in Delaware Bay, and after he came 
hither he was afflicted w*h sicknes and so poore thatt he was 
nott able to buy armes in due time, bvitt now he is furnished 
w*h armes. 

Mrs. Stolyon demaund a debt of 3'-8-6 of Goodman Chapma, 
Ijutt RoIj*^ Seely testified thatt Mrs. Stolyo had given him a 
note of thatt debt among others, to be payd into the ship on 
her behalfe, and accordingly he accepted itt, and thatt the said 
John Chapma from thatt time became debtto'' to the shipp, 
butt Mrs. Stolyo affirmed y* afterward she having payd all her 
part into the ship, and John Chapmans debt being yett unpayd, 
she desired Mr. Attwater, (who was then to receive the ships 
pay,) to lett John Chapma know thatt now she expected the 
3i_8-6, should be payd into her owne hands, and to strike out 
his name out of the aforesaid note, w^h Mr. Atwater affirmed 
upon oath he had done, and thatt John Chapma said -to him 
then that he cared nott, for he had as leave pay itt to Mrs. 
Stolyon herselfe, whereupon itt was ordered, thatt John Chap- 
ma shall pay the 3^-8-6 to Mrs. Stolyo. 



Att a Gen""'! Court held the 21ti» of October 
1644. 

Thomas Lupton, Will Russells and Henry Glover were ad- 
mitted members of the Court. 

Itt was ordered thatt the Secretary shall write to all the 
plantations in this jurisdictio to lett them know thatt att the 
Court of Elections consideratio will be had of chuseing the 
comission""^ for the coUonyes att the said Court by the vote of 
all the freemen, thatt accordingly their deputy es may come 
prepared. 

Mr. Malbon and Captaine Turner were chosen Deputyes for 
the Gen"^!! Court next ensuing. 



148 NEW HAVEN COLONY RECORDS. [1644 

Mr. Malbon, Mr. Lamberton, Mr. Evaiice and,Mr. Wakema 
were chosen Deputyes for the next ensuing halfe yeare. 

Mr. Malbon was chosen Treasurer for this ensuing yeare. 

Tho: Fugill was chosen Secretary for this ensuing yeare. 

Tho : Kimbcrly was chosen Marshall for this ensuing yeare. 

After some serious debate al)out the turning of the Mill 
River, Mr. Goodyeare, Mr. Turner, Mr. Malbon and Mr. 
Wakema were chosen comittees and desired by the Co""* to 
take unto them such workmen as have skill and veiw the said 
River, exactly to see whatt advantages or disadvantages they 
can discerne w^h may either incourage or discourage the 
worke, and allso to veiw the bridge oner tlie Mill River and 
report to the Court whatt they discerne or conceive is most 
meet to be done concerning the p'"mises. 

The Treasurer desired, thatt every one to whom the towne 
is indebted would bring in their accounts, and thatt all those 
thatt have alienated any land would enter itt, thatt the treas- 
urers booke may be perfected. 

Goodma Smyth of Stratforde desired thatt he may have 30 
or 40 acres of upland and 10 acres of meadow granted him for 
the comfortal)le keeping of sheepe about the Oyster River, 
whereupon itt was ordered that those who are intrusted in the 
townes occasions for disposeing of lotts, shall consider of the 
said ppositio, and order itt as they see cause. 

Richard Miles, Jasper Craine, Anthony Tompson and Fran- 
cis Newman were chosen to be constant survayers, (until! 
others be chosen instead of them,) of all the comon high wayes 
aboute the towne and the bridges allso, and if need be, to press 
men & carts for the repair of all such defects as they shall finde 
from time to time, and the charge to be borne by the towne. 
[94] II Whereas divers trespasses have beene comitted by 
those of the suburbs in Mr. Lambertons quarter, by tlie driving 
of hoggs to the Oyster poynt and haunting them there. Mr. 
Lamberton desired to know the judgm' of the Court, whether 
itt be meete for them to haunt their hoggs there, seeing for 
want of foode they will unavoydal)ly trespass, whereupon a 
comittee was chosen to veiw the matter in questio, and to re- 
port to the Court how they finde itt. Mr. Malbon and Mr. 



[1644 NEW HAVEN COLONY EECORDS. 149 

Gilbert for the suburbs, and Mr. Gibbarcl and Richard Miles 
for Mr. Lambertons quarter. 

[A General Court for the jurisdictiou was held Oct. 30, 1644, as appears from the 
date of the appointment of Commissioners, and probablj' at the same time the juris- 
diction resolved upon taking measures to procure a patent from the Parliament.] 

Att a Court held the 6^ of Novemb. 
1(344. 

Henry Humerston, for creeping into Captaine Turn^s house 
att a window in a felonious manner in the time of the publique 
meeting on the Lords day, was sentenced to be whipped. 

Mathew Camfield, for neglect of his watch, was fined 10*. 

Thomas Nash desired satisfactio for 12 bushells of corne 
damage dx)ne in his corne, by reason of defective fences ptly, 
and partly the nott setting up of the fence in due time accord- 
ing to agreem"^ ; whereupon itt was ordered thatt the quarter 
shall beare the damage of ^ bushells, because the fence 
belonging to the towne was nott sett up in time, and the 
other ^ bushells to be borne l)y those perticular fences w^h 
upon veiw was found defective. 



Att a Gen^h Court held the 11th of 
Novemb: 1644. 

The propositio for the releife of poore schollars att the col- 
ledge att Cambridg was fully approved off, and thereupon itt 
was ordered, thatt Josuah Attwater and William Davis shall 
receive of every one in this plantatio whose hart is willino- to 
contribute thereunto, a peck of wheat or the valine of itt 

Whereas the Gen'^ Court for this jurisdictio did see cause 
to putt forth their best endeuo'"'* to procure a Pattent fro the 
Parliament, as judging itt a fitt season now for thatt end, 
and therefore desired Mr. Gregson to undertake the voyage 
and busines and agreed to furnish him w^h 200^ in this juris- 
dictio, of w^h, in proportio to the other plantations, Newhaven 
is to pay 110' in good marchantable beaver, itt was thereupon 
ordered, thatt the said 110' shalbe procured at the charge of 



150 NEW HAVEN COLONY RECORDS, [1644 

the towns treasury, vpon such tearmes as itt may, and the 
towne to stand to the tearmes and beare the damage thatt 
may come thereby. 

The comittee thatt were appoynted to veiw the land for Mr. 
Gregsons and Mr. Wakemans quarters, reported, thatt they 
found much land w^h they conceive is good, butt what quan- 
tity they cannot judge, and therefore desired thatt a comittee 
may be now appoynted to veiw and survay the land yt yett is 
unlayd out, to see if it be such land for quallity as hath beene 
layd out to other quarters for their 2'i divisio, and allso w^ 
quantity there is of it. Mr. Malbon, Mr. Francis Newnin, 
Anthony Tompson and Leivtenant Seely were appoynted for 
the said veiw. 

Ypon complaint made by some of the planters of Totokett, 
thatt the Mohegin Indians have done much damage to them 
by setting their traps in the walke of their cattell, itt was 
ordered, that the marshall shall goe w'h Thomas Whitway to 
warne Yncus or his brother or else Foxen to come and speakc 
w*^h the Governo'' and the magistrates. 

[95] II Itt was propounded thatt, (because many men thatt 
come and appeare att the Genr'i Courts when their names are 
called over, goe away before the Court rise,) the order for ap- 
pearance att Genrii Courts under a penalty be read att the 
H,ext Gen""!' Court, thatt itt may be altered if there be cause. 

Itt was propound thatt att the next Genfi' Court, survayers 
may be chosen for every quarter to veiw the fences belong to 
their severall quarters, and where they finde any defective, to 
acquaint the owners, and if the defect be nott mended by a day 
appoynted, the survayers to gett itt done and the owners ^to 
beare the charge w'h some fine. 

Itt was allso propounded thatt a comittee may be appoynted 
to veiw all the orders thatt are of a lasting nature, thatt such 
as are defective may be mended and presented to the Court to 
be confirmed. 



1644] NEW HAVEN COLONY EECORDS. 151 

A Court held att Newhaven the 4th 
OF December, 1644. 

John Gibs and William Gibbard were fined eacli of them 
10^ for neglecting their watch, they being ma'"^ of the watch. 



A Court held att Newhaven the £'• of 
January, 1644. 

Whereas some goods belonging to Mr. Pike of Yncaway, in 
the hands of Tho : Rol)inson of this towiie have beene attatched 
by warrant from Mr. Gregson att the sute of John Livermore 
of this towne allso, who desired the judgm* of the Court, 
whereupon itt was ordered, thatt Thomas Robinson shall keep 
somuch of the said goods in his hands as will satisfie the just 
demaunds of the said John Livermore. 

John Dillingham and Thomas North, for totall absence att 
traying, fined each man 2^ 6*^. 

Whereas there was a difference betweene Mr. Evance and 
John Tompson, naylcr, about the price of 2 heifers w<=h the said 
John Tompson bought of Mr. Evans, itt was agreed l)etwcenc 
them in the Courtt, thatt Mr. Evans should have his heifers 
againe. 

Forasmuch as itt appeared to the Court, thatt Mr. Leacli 
hath brought some bricks from the brickills in the plains wh 
did belong to Mr'. Gregson, itt was ordered thatt Mr. Leach 
shall pay Mr. Gregson for them. 

Mr. Evance desired the judgm' of the Court concerning a 
debt of 61 15% w^'h he demaund of Edward Chipperfield who 
had put him of w^h excuses, and did alledge it should have 
beene payd out of a kill of bricks ^''h. was to be devided be- 
twixt Steven Medcalfe, John Medcalfe and himselfe, butt upon 
examinatio, itt appeared thatt there were not so many bricks 
due to him of the said kill full as would satisfie Mr. Evance 
his debt. 

Will Andrewes allso desired a debt of 5i due to Will Hard- 
ing fro the said Chipperfield, who having nothing wherew^h to 



152 NEW HAVEN COLONY RECORDS. [1644 

pay either the one or the other, said he would referr himselfe 
to the Court. 

Tho Blacksley, because of his poverty, had part of his fine 
remitted, (viz) 6^ 8^. 

Nathan Burchell his fines for defects remitted hitherto, pro- 
vided thatt he gett armes and attend traylngs duely for time 
to come. 

All yt have beene fined for not bringing' their armes to the 
publique worP^ remitted hitherto. 

Bro: Abbott demaunded satisfactio of Mr. Lamberton for 
damage done by his hogs in the Oyster shell field, butt re- 
spited. 

Rob* Parsons desired his fine might be remitted, but the 
Court sec no cause why. 



[96] Att a Court held att Newhaven the 

5th OF Feb: 1644. 

Whereas certaine goods belonging to Mr. Lewis of London 
have beene attatched in the hands of William Andrewes att 
the sute of Thomas Stevenson of Yenicott, Mr. Priden as his 
attournay required judgm^ upon the said goods. The Court 
understanding that the said Stevenson solde and delivered to 
*Mr. Lewis aforesaid a boat att Yirgenia valued att 8'. Thatt 
the said Lewis did premiss in lew thereof thatt the said Steven- 
son should have a mare of his w^h was then in the hands of 
Mr. Russells of Charlestowne in the Massacusetts, butt when 
the said mare was demaunded, the said Mr. Russells said he 
had sould her for fower pounds, whereupon itt was ordered, 
thatt the said Will Andrewes shall pay unto the said Mr. 
Priden the su of 4' w^li was the price of the mare when shee 
was solde, and the remainder of the said goods in the hands of 
Will Andrewes belonging to Mr. Lewis shall rest there as 
attatched till the Court dispose otherwise of or concerning 
them. 

William Tompson demaunded satisfactio of Mr. Gregson for 
damage done in his corne by his hoggs, itt being evidenced in 
the Court thatt the fences of Goodman Banister, Edward Patte- 



1644] NEW HAVEN COLONY RECORDS, 153 

son and John Charles were defective att the same time when his 
hogs did the damage, itt was ordered, thatt they shoukl beare 
the damage according to their different just pportio% (viz) 
Edward Banister 3 bushells, and the other 2 each of them one 
biishell and a halfe. 

Thomas Mouleno'' sen'", and Thomas Mouleno'' his son, being 
charged w'-h sundry miscarryages and breach of peace but 
nott issued, itt was referred to another Court and in the meane 
time itt was ordered, thatt they shall both enter into into a 
recognisance of each man 100' to keep the publique peace and 
be of the good behavio'' towards all people and especially to- 
wards the inhabitants of Totokett. 

Arthur Halbidge, having beene formerly charged by Mr. 
Browning for stealing fro him a bushell of corne to the valine 
of 4«, and a shirt or frock to the value of 1% w^h he att first 
denyed w'h cursing himselfe butt now confessed the fact, and 
was sentenced to be whipped and to make two fould restitutio 
to Mr. Browning, and to beare all the charges w'^'h have beene 
caused by him. 

Richard Lambert, having beene form'"ly convicted and sen- 
sured for sundry miscarriages in was of unrightousnes, now 
made an acknowledgm^ of his guilt in the court, thinking 
thereby to give satisfactio, who showed themselves willing to 
take satisfactio, butt yett advised him to be carefull to make 
his peace w'h God, and seeke to gett that bitter roote, (whence 
such evill frutes did spring,) that a reformatio of those evills 
may appeare in his conversatio. 



A Court held the 6"' of March 
1644. 

Mathew Crowders fine remitted upon Mr. Brownings testi- 
mony thatt his was sick att thatt training fr(3 w^h he was 
absent. 

John Walkers fine was ivas remitted bee: he was lame. 

Robt Parsons fine respited till May or June. 

20 



154 new haven colony records. [1644 

[97] Att a Gen>ii Court held att Newhaven the 
24 OF Feb. 1644. 

Jcr. Wliitiicll, Thomas James, "Roh^- Martin, John Gregory 
and John Meggs were admitted members of the Court. 

Itt was ordered thatt if any members of the Court shall de- 
part from the Gen""'' Courts w^iout licence after their names 
be called, they shall pay each man l^ 6'^ fine, and if any planter 
shall depart w^hout licence while the Court sitts, he shall pay 
one shilling fine. 

Whereas the plantatio hath beene much exercised wUi hoggs 
distroying of cornc, the Court tookc itt into serious considera- 
tio how they might prevent the like damage for time to come, 
and after much debate itt was ordered, thatt a comitte shall 
l>e chosen in every quarter to veiw the coiTion fences and 
fences belonging to every quarter, some one day in the first 
weeke in every moneth, from the first of March next unto y^ 
day 12 moneths, and observe diligently whose fences are de- 
fective and acquant the owners therew'h, calling upon them to 
gett them mended, and to lett them know thatt they are to 
make good all the damage wli shall be done w'hin thatt fence 
till theirs be mended if none other be found defective besides; 
and they whose fences are defective shall pay the said veiwers 
for their expence of time about the said veiw, l:»utt if no fences 
be defective, then the whole quarter shall pay them. And 
the said veiwers arc to acquaint every famyly in their said 
si3verall quarters, or every pson that hatli any part in tlie fences 
w^h they arc to veiw, what day they intend their first veiw 
that every said owner may go or send one w^h them to marke 
their owne fences att ])oth ends, that the veiwers may after- 
wards exactly know w^h is every mans fence, and if any man 
iipon notice so given shall neglect to goe or send as aforesaid, 
he shall pay 2^ fine. And if the veiwers shall neglect to veiw 
att the times appoynted, or shall neglect to observe exactly the 
defects, or shall neglect to give due notice as aforesaid, each 
ma shall pay 5^ fine for every default as aforesaid. Moreover 
if any fences belonging to the townc, (and once accepted as 
good by the treasurer,) be found defective, the veiwers shall 
gett them mended, and if they cannott otherwise gett workmen 



1644] NEW HAVEN COLONY RECORDS. 155 

they shall have power to press men to mend them, and the 
treasurer shall pay them. 

Itt was allso ordered, tliatt if any mans corne be damaged 
by cattell or hoggs, he may pound them if he finde the beasts 
yt have done the damage and cannott finde where they gott in 
or at whose fence,' he may goe to the veiwers appoynted for 
thatt quarter where the damage was done, and gett them to 
veiw the fences, and he or they whose fences they finde defect- 
ive shall beare the damage and pay the veiwers for their ex- 
pence of time if they be called to veiw extraordinaryly. 

Jasper Craine and William Touttle for Mr. Davenports 
quarter, John Cafiins and Jarvas Boykin for Mr. Newmans 
quarter and Mr. Brownings, Rob*^ Johnson and Thomas Powell 
for the Yorkshire quarter. Will Fowler and Henry Glover for 
Mr. Wakem^ quarter, Eicli : Miles and Willia Davis for Mr. 
Gregsons quarter. Rich: Hull and Nicholas Elsey for Mr. 
Lambertons quarter, Will Ives and Edward Banister for the 
suburbs, Thomas Mounson and Rob^ Pigge for the Oystcrshell 
field. Rich : Mansfield and David Atwater for the farmes, and 
Francis Browne and John Vincent for the plaines. 

The CoTirt desired the magistrates together wHi the depu- 
ties to veiw all those orders w^h are of a lasting nature, and 
where they are defective, to mend them and then lett them 
be read in the Court thatt the Court may confirme or alter 
them as they see cause. 

Whereas much disorder hath becne done by some in cutting 
downe trees in the como w^hin the 2 miles contrary to order, 
the Court required Anthony Tompson and John Clarke to 
enquire who they are that have transgressed thatt order, and 
to take notice who doe hereafter transgress in like kindc vntill 
some other be chosen in their stead. 

Itt was ordered, tliatt all men shall duely pay their rates to 
the treasurer, or to those whome he shall appoynt to receive 
them w'hout putting him of to others, and that all those who 
have alienated land shall pay the rates for itt themselves 
untill it be entered in the Court booke according to order. 

Itt was ordered, thatt all those of the squadrons w<^h in 
their course doe bring their amies on the Lords daves to the 



156 NEW HAVEN COLONY RECORDS. [1645 

meeting, shall bring them to the meeting the lecture day ime- 
diatly before, so many of them as doe come to the lecture. 
[98] 11 The Governo'' desired thatt all meanes might be vsed 
to pfect souldiers in the military art, and thatt thegen'"'' train- 
ings and squadrons w'h an artillary allso may be incouraged 
and improved to thatt end, and wished thatt all those thatt are 
free and willing, would goe to the leivtennant and sergeants 
and enter their names to be of an artillary, who, when they 
are approved, shall be exempted fr5 the squadron traynings. 

Mr. Pearc desired the plantatio to take notice, thatt if any 
will send their childr. to him, he will instruckt them in writ- 
ing or arethmatick. 

Robt Abbott and Wiii Paine desired that their land might 
be layd out on the East side, in such a forme as may be con- 
venient for them to fence itt and improve itt. Jasper Craine 
and Will Touttle were desired to veiw it and consider how itt 
may be layd out to sute the townes occasions and their con- 
veniences. 

Jasper Craine was freed from watching and trayning in his 
owne person, l)ecause of his weaknes, butt to fmde one to 
watch in his stead whe his turne comes. 

Goodma Goldam freed from watching and trayning in his 
owne person in like manner in regard of his weaknes, onely 
lie is to jfinde a man to watch for him when his turne comes if 
his estate will beare itt. 



Att a Gen""" Court held att Newhaven 
THE last of March 1645. 

Will Fowler, Tho : Mitchell and Phillipp Leake were ad- 
mitted members of the Court. 

Mr. Malbon was chosen Treasurer. 

Mr. Malbon, Mr. Evance, Mr. Gibbard and Mr. Francis 
Newman were chosen deputies for the halfe yeare next ensu- 
ing- 

Captaine Turner and Mr. Malbone were chosen Deputies for 
the Jurisdicti(3 Court. 



1645] NEW HAVEN COLONY RECORDS. 157 

Elder Newman exempted fro attending att the Gen''' Courts 
by reason of his many occasions. 

Itt was ordered thatt Jasper Craine and Robt Ceely before 
the next second day, shall veiw all the cannows belonging to 
the English about this towne, and marke y w^h the townes 
marke all such w^h they shall approve as fitt for the English 
to vse, and thatt no person or persons in this plantatio or 
belonging to itt shall lend or vse any cannow thatt is nott so 
marked by the psons aforesaid, under the penalty of 20^ fine 
for every default. 

Itt was ordered thatt no pson or psons shall kindle a fire to 
burne leaves, straw, cornestalks or any kinde of rubbish either 
in gardens or houslotts in or about this towne vnder the pen- 
alty of 21 fine. 

Itt was ordered thatt no man shall putt any cattell into the 
neck fro this day foreward above his pportio, under the pen- 
alty of 6*1 a weeke for every head, according to the intent of 
a form"" order in that case mad 16"i of Jan : 1642. And thatt 
before any man putt any cattell into the neck, he shall give 
notice to the governo"" whom the Court desired to take the 
paines to cast up whatt every mans proportio is, when he 
knows in whose right they come. 

Elder Newman and Captaine Turn'' are desired to see the 
fence belonging to the neck well done and a gate towards the 
farmes, old Bassett and his son were desired to doe itt. 

Itt was ordered thatt no cattell shall be putt into the neck 
att the spring, untill the first of May. 

Itt was ordered thatt the drums belonging to the towne 
shall be putt in good repaire att the townes charge, and Ste- 
ven Medcalfe and Robt^ Bassett shall have 8' betwixt them, for 
w^h they shall attend all the townes occasions as comoh 
druni''s for the towne till this time 12 moneths, and maintaine 
the drums att their owne charge in good plight, and leave 
them so att the end of the tearme. 

Itt was ordered thatt the treasurer shall pay Steven Med- 
calfe 20^ for the service he did the last winter extraordinary. 
[99] II These following officers and orders of the Artillary 
company were p'sented to the court and confirmed by the 



158 ' NEW HAVEN COLONY RECORDS. [1645 

court, leaving the sett time of trayliigs to the company them- 
selves to order as they shall see cause. 

Mr. Malbon Captaine, Leivten*^ Ceely, Leiveten'^ Francis 
Newma, t^tandard bearer Will Andrews, Tho : Mounson, 
Tho : Jeffrey and John Nash Sergeants. 

Orders for the Artillary Company att 
Newhaven. 

1 Thatt the company from time to time chuse their officers 
from among themselves, as captaine, leivtennant, ensigne, ser- 
geants and others necessary for service, and thatt upon such 
choyce they yearly p^sent them to the Gen""" Court for New- 
haven for approbatio & confirmation. 

Thatt every man offering himselfe to this company be either 
free and att his owne disposeing for such a service, or if a ser- 
vant and ingaged to any other, thatt he bring a certifficate or 
other satisfying testimony of his ma""** consent thatt liis way 
may be cleared before he be admitted to exercise. 

Thatt every member of this company att his first entrance 
pay the sum of 18'^ for and towards the raising of a small 
stock for the necessary vses of the company, to be payd in to 
the treasurer or clarke appoynted by the company for thatt 
purpose. 

Thatt once a ^ upon the 4''' day of the weeke after 
the lecture is ended, this company exercise themselves in a mil- 
litary way for increase of their skill and activity against times of 
service. And for this exercise the first drum to beate att the 
going out from the lecture, and the second drum one bower 
after, and thatt att every such exercise every one of the com- 
pany be present upon the markett place and answcre att the 
call of his name and bring w^'h him his muskett and all other 
armes appoynted for the said exercise. 

Thatt whosoever of them cometh late or nott compleatly 
armed, on any of these dayes of exercise, shall ])ay 6^' for a 
fine, and for totall absence Vl'^ and thatt the offendors being 
first demaunded, duely pay these fines before or att the 2'' 
exercise next after the forfeiture. 

Thatt every one of this company purposely coming to any 



1645] NEW HAVEN COLONY EECORDS. 159 

Gen'i' or perticiilar Court, or to the ordinances att any pul)- 
lique meeting, whether on the Lords dayes, lecture dayes, 
dayes of solleme fasting or thanksgiving, shall carry and weare 
his sword by his side, under the penalty of 6'' for every such 
omission and default if he givaliot a sufficient reason to the 
satisfactio of the company. / 

Tliatt if any memljcr of tips body fined by the majo'" pt of 
this company for any default before mentioned be not satisfied 
concerning the same, he may offer the consideratio of his 
offence and fine to the company, to the next perticidar court, 
(upon due notice by him given to the company,) who shall 
lieare and determine Ijctwixt the company and him according 
to their light in referrence to the forgoing orders. 

Thatt the stock of this company v/hether arising from 
entrance mony, fines, mony given, or any other way, shall 
from time to time be disposed off by the consent of the major 
part of the company att some meeting, and nott other wise. 

Thatt every member of this company, (according to his 
jjlace and estate,) come to these exercises in decent apparrell, 
thatt all excess, all contentious, provoking, sinfull carryage 
in speech, gestures and actions be avoyded, butt if any offend, 
upon complante, the perticular court to examine, censure and 
reforme as they shall judge meete. 

Lastly for their further incouragm', itt is granted and 
ordered thatt all the members of this company duely attend- 
ing the gen""'! traynings be freed from the perticular squadron 
meetings and traynings wherein the rest of the towne are 
exercised by the sergeants. / 

\ 

Whereas, by reason of the artilary, the squadrons will be 
small, itt was ordered thatt 2 companyes shall be joyned into 
one, of the sergeants in their course shall exercise them one in 
every 2 weekes. 

Itt was ordered thatt the markett place shall be cleared 
forthw'h, and the "wood to be carryed to the watch house there 
to be piled, and thatt the busines may be effected, the care of 
itt is comitted to the 4 sergants. 

Itt was ordered thatt if any mans goates shall be found out 



160 NEW HAVEN COLONY RECORDS. [1645 

of his owiie ground w^hout a keeper after this weeke, he 
shall pay 6'^ a head. 

James Riissells, by reason of his lame thumb, was excused 
fro bringing his muskett on the Lords dayes and other dayes 
of publique sollcmn worP\ 

[100] II Mr. Davenport having a desire to remove his fence 
from tliatt side of his lott towards the clay pitts way to the 
other side of his lott towards the mill highway, requested thatt 
he might have liberty to fence up the way to the clay pitts and 
he will make a gate, sett a lock upon itt and leave the key att 
John Coopers house, w^h being considered by the court they 
granted his request. 

Itt was ordered thatt from hence forward the monthly court 
shall be kept on the 3'' day of the weeke. 

Phillip Leake was chosen corporall instead of Abraham 
Bell. 

Itt was ordered thatt a chist shall be made forthw"^h to putt 
the pikes in, to keepe them from warping, w«^h Thomas 
Mounson and the rest of the officers undertooke to see done. 

Itt was ordered thatt those thatt live att the farmes shall 
ln*ing or send their amies to be veiwed on such dayes as are 
appoynted, and they all attend the gen'i' traynings except one 
man att every farmc. 

Itt was left to the Governo"" and Captaine Turner to order 
and appoynt the gen""!^ trainings so as may be most for the 
common good of the plantatio in respect of hay time and har- 
vest. 



A Court held att Newhaven the 
8th OP Aprill 1645. 

Mr. Malbon required satisfactio of Mr. Caffins for damage 
done in his corne att scui^all times, once by his swine, and 
another time by his cattell, Wh was valued att 8 bush:s each 
time, butt Mr. Caffins aleadged thatt the damage came by 
defect of their owne fence w^h was nott made up betweene the 
clay pitts and their corne. The case being something darke, 
Av^i consent of both parties, it was referred to John Wakema, 



1645] NEW HAVEN COLONY RECORDS. 161 

Rich : Miles and Jasper Craine to veiw and arbitrate & deter- 
mine, or else to report to the court how they finde itt. 

Rob* Ceely was desired to advise wt^h some thatt have skill 
in leather to gett whatt light they can agst the next court, 
thatt some course may be taken if itt may be to moderate tlie 
price of leather and shooes. 

John Meggs accused Captaine Turner, Tho : Pell and Tho : 
Robinson of extortio or vnrighteousnes in the prices of leather 
w^h they sould to him, butt being nott prepared to make 
proofe of whatt he had charged them w'h, the proceeding was 
respited vntill the next court. 

Captaine Turner having received eighteene pounds and 
eighteene shillings of Mrs. Higginsons estate, and John 
Wakema fifteene pounds allso of the said estate, have both sev- 
erally ingaged their their houses and lands att Newhaven unto 
the court of Newhaven for the true paym* thereof in current 
country pay att the full end and tearme of 5 yeares from 
October last past, together w'h S^ att every pound for consid- 
eratio of the said mony. 

John Walker desired satisfactio for damage done in his 
corne by hoggs w'^li Thomas Morris testified was 12 bushells, 
whereupon it was ordered that the defective fences shall make 
itt good. 

The marshall was required to warne their quarter to gett 
the defective fences mended, and the treasurer is to pay for 
thatt wh belongs to the towne. 

Mr, Leach having cutt shingles in tho woodes contrary to 
order, desired to know the minde of the court, whether or noe 
he may have them, itt was ordered thatt he shall, if he will 
make vse of them referring himselfe to the court for the price 
of the shingles and his disorder in getting them w'^hout 
license. 



21 



162 NEW HAVEN COLONY RECORDS. [1645 

[101] A Court held the 6^ of May 

1645. 

Obadiali Soiitliwood being apprentice to Goodman Tainter 
for runing away from his said ma"", and being convicted for a 
notorious lyar, was sentenced to be seveerly whipped. 

Concerning the defference betweene Mr. Browning and 
John Moss, they were desired to cleare mistakes betweene 
them about the diffective fences in the oyster shell field w^h 
concernes them, w^h the veiwers have given them warning of 
3 times, and yett the are nott mended. 

Itt was ordered thatt they whose fences in the oyster shell 
field are defective, or were found to be so upon veiw, shall 
p'ay the veiwers for their loss of time as well in attending the 
court as in veiwing, because the did nott gett their fences 
mended according as they were advised, (viz) Mr. Browning, 
^ Abbott, Mathew Moulthrop, Goodma Pigg and John 
Moss. 

Thomas Barnes required satisfactio of Ralph Dighton for a 
cow of his w^h perished as he conceives through his sons 
neglect who kept the heard thatt day, butt Ralph Dighton 
alleadged thatt a cow of thatt heard being swamped, his son 
came home to the towne to gett help, and left his partner w^h 
the cow in the interim, and before they had gott the cow out 
of the swamp itt was night and the heard was coming home, 
and they nott knowing of any dangerous place betwixt the 
bridge and the place where the cattell vsed to come over, did 
nott conceive itt necessary to follow the cattell, butt came 
over the bridge, and though they came on the other side of 
the river over against the place where his cow was afterwards 
found perished w^^h her foote in a hole betwixt the banck and 
the roote of a tree, yett they did neither heare nor see her. 
Itt was testified by others that there was noe knowen place of 
danger in thatt place before meneoned. The judgm* of the 
Court was thatt itt was an afflicting providence of God w^h 
the said Barnes was to beare himselfe, and that the boy was 
innocent in the case. 



1645] NEW HAVEN COLONY RECORDS. 163 

Robt Johnson for a defective gunstock was fined 1^ and 
charo:ed to sett itt mended. 



A Court held the 3^ of June 
1645. 

The difference betwixt Captaine Turner and John Hill con- 
cerning a Bull w'^h the Captaine conceived did dye by the 
default of the said John Hill in working him contrary to his 
ma^s express comaund, was referred by consent of both ptyes 
to John Wakeman and Mr. Robert Newma to arbitrate and 
determine if it may be, or else to report to the Court how they 
finde itt. 

John Meggs having form''ly charged Captaine Turner, 
Thomas Pell and Tho: Robinson w'di extortio or sinfull 
vnrightousnes, and nott being able to make good the said 
charge agst them, did now acknowledghiserro'', w''!! acknowl- 
edgm* was accepted as satisfactio, onely he was sentensed to 
pay 1^ fine for nott appearing att the last court, and to pay 
the charges of those who had attended 3 courts together by 
his meanes. 

James Till for stealing 2 fadd: of black wampom, and one 
fadd : of white from Laurence Turner, into whose company he 
intruded himselfe under pretence of frendship, was sentenced 
to he whipped and to make 2 folde restitutio to the said Lau- 
rence for what he hath stolen. 

The difference betweene Mr. Goodyeare and John England, 
by consent of both ptyes, was referred to Mr. Rob^ Newma and 
Mr. Gilbert to arbitrate and determine if it may be, or to make 
report to the Court how they finde it. 

Edward ^ Mr. Gilberts man, desired the judgni* of the court 
whether his ma'' can force him to serve any longer, he having 
nothing to show in writing, itt was answered that he must 
stay w^h his ma"" one yeare more, and in the meane time, both 
he and his ma'' may write to his friends for both their satisfac- 
tio, and if he doe serve a yeare longer the he should have done, 
then his ma'" is to pay him for his last yeares service. 



\ 

164 NEW HAVEN COLONY RECORDS. [1645 

An account was delivered into the court by Mr. Craine con- 
cerlng Mr. Roe and ordered in case itt be questioned it is to be 
tryed in a Court of Magistrates. 

Andrew Low, for late coming to watch, fined 2^, and Geo. 
Larrimo'" and Goodma Harrison fined each of them 1^ for the 
same. 

Tho : Cafiins fined 6'^ apeece for his goates pounding. 

Rich : Webb promised to pay vnto Josuah Attwater 33^ w^li 
he demaunded of him as due to the shipp. 

Fifty shillings of Steven Medcalfe's in the hands of Peter 
Browne is attatched hj Mr. Gregson for a debt of the said 
Stevens. 



[102] Att a Gen'" Court held att Newhaven 
THE 16"' OF June, 1645. 

Those who have the small lotts propounded their want of 
meadow to the serious consideratio of the court, desireing that 
the court would grant them the meadowes called tlie Beaver 
meadowes and they will endevo'' to improve them, and if they 
can so improve them as to make them comodious for their vse 
they will be content to pay rates backward and forward in a 
moderate way as shall be judged equall, butt if nott they will 
retourne the said meadows into the hands of the towne. 

Leivtenant Seely and Jer Witnell complained thatt their 
meadowes are so bad as that they are alltogether unserviceable 
to them and cannott be improved, and therefore desired the 
court to take their case allso into serious consideratio. 

The Court seriously considering and debateing the said 
propositions, declared themselves willing to attend the necessi- 
tyes of the partyes aforesaid and others whose meadowes by 
charge cannott be improved, and therefore ordered that Jasper 
Craine, Marke Pearce, John Clarke and Henry Lendall shall 
veiw the said meadowes in referrence to the aforesaid pposi- 
tions and make report to the Governo"" and the rest of the 
Court, (whatt they conceive concerning them,) who shall have 
have power upon the retourne of the said veiw to dispose of 
the said meadowes, to lay out proportions and to settle rates 



1645] NEW HAVEN COLONY EECORDS. 165 

according to each mans different and severall considerations 
interessed in the aforesaid propositions as they in their wis- 
dome shall see cause. 

Francis Browne moved in the court tliatt if he may have a 
little house or shade made att the water side to worke in and 
competent allowance for his paines, and if itt may he, some 
land in the Oyster-shell field to plant, he will keep a ferry 
boate to carry people over the East River, and thatt he will 
attend itt every day from the rising of the sun to the going 
downe of the same in an ordenary course till 12 moneths be 
expired from the date here-of, exceptinge Saboth dayes and 
other times of solemne publique worP of God. Whereupon itt 
was ordered that he shall 2^ apeece if there be nott above 3. 
If there be above 3 and not above 6 he shall have S°^ a peece, 
and if above 6 he shall have butt 1^^ a head for their fare. Itt 
was allso ordered thatt if any English man shall transport any 
person or persons in any other boate or canuow in the ferryes 
way, he shall pay to the ferryman 1'' a head for every person 
so transported by him, provided notw^hstanding, that if any 
planter in this towne have a boate or cannow of his owne he 
may make vse thereof to transport himselfe, famyly or worke 
folkes to and againe, (as their busincs or occasions require) 
w'hout offence. Note allso that the farmers on the East side 
are left free either to vse their owne cannowes or boates, or to 
agree w^^h the ferryman as they can when they have need. 
The Court desired the Governo'' w'h the magistrates and dep- 
uties to take care thatt a shade or little house be made as 
aforesaid, and that the ferryman may be accomodated w'h 2 
or 3 acres of land convenient for him in the Oyster shell field 
if it may be. 

Whereas much damage hath beene done to timber in the 
comon by getting barke for dying and tanning, itt was there- 
fore ordered thatt Sergeant Andrewes, Sergeant Jeffreyes & 
Sergeant Mounson, w^h Corporall Whitehead shall consider 
where the dyers and tanners may gett their barke for time to 
come wth least damage to the publique and that from hence- 
forward if any shall gett barke in the comons w'hout their 



166 NEW HAVEN COLONY RECORDS. [1645 

allowance, or contrary to their appoyntment, they shall be 
punished att the discretio of the Court. 

Whereas the court did desire the Governo'' and the captaine 
to consider and order the traynings so as may sute best w'h 
the townes occasions, w^h accordingly they have ordered as 
foUoweth; the first Munday in March to traine and veiw 
armes, the last Munday in Aprill & the last Munday in May 
to traine, the third Munday m June to trayne and veiw armes, 
the last Munday in September to traine and veiw armes, the 
first and last Munday es in October to trayne, the second Mun- 
day in November to traine and veiw armes, w^^h dayes were 
approved and confirmed ))y tlie court. 

Itt was ordered that if any person or persons, whether direct- 
ly or indirectly, in this towne shall sell wine by retayle of 
quarts or pintes or the like, after 14 dayes next ensueing be 
expired, w^hout license, he or they shall be punished att the 
discretio of the court. 

Will Andrewes licensed to draw wine and to sell by retayle. 

Vpon a motio made by William Andrewes for some conven- 
ient place to putt straingers horses in, itt was ordered thatt 
the said William Andrewes shall have liberty to fence in 20 
acres of land att the hither end of the plaines joyning unto 
Francis Newmans lott, and if dye or leave the ordinary, the 
land shall goe to the ordinary still for the vse aforesaide, onely 
his charges are to be allowed by him thatt shall succeede, 
thatt he or be no looser when he leaves itt if the hyre he re- 
ceives doe nott pay him in the interim. 

[103] II Itt was ordered thatt a standard of weights and 
measures shall be made forthw^h, and thatt every one in the 
towne who have weights and measures w^'h they intend to buy 
or sell by, shall bring them to the meeting house this day fort- 
night att 8 a clock, and Rich: Miles, Josuah Attwater and 
Nicholas Elsey shall fitt and marke them Ijy the standard and 
goe to the houses of those who have great weights w<^h cannott 
w*h convenicncie be brought to the meeting, and wliat time 
the spend in the aforesaid service, the treasurer is to pay 
them. And if any person or persons shall after the aforesaid, 



1645] NEW HAVEN COLONY RECOEDS. 167 

shall sell by any weight or measure not so marked as aforesaid, 
he or they shall be punished att the discretio of the Court. 

Whereas some have taken offence att the shepheards keep- 
ing his sheep and making a penne for them towards the Oyster 
river thinking they were wronged by itt, butt the order of 
Court the 21 of October 1644 being read, itt appeared thatt 
nothing was done butt by order of Court. 

Itt was ppounded thatt another ordinary might be sett up 
towards the water side, butt none was found fitt for the pres- 
ent, onely itt was left w^i John Livermore to consider off if he 
can be free &, fitt to undertake itt. 

Itt was propounded thatt every souldier in the band may 
have a yeard of canvis for such vse as the captaine shall ap- 
poynt. Itt was allso propounded thatt a marke may be sett 
up in some convenient place for the company to shout att for 
some priz. 

Whereas the place where John Benham now makes bricks 
is wHiin the compass of Mr. Batons farme, and noe way to itt 
butt butt by water except through his ground, W^h nevertheless 
hitherto he hath nott beene debarred of, but of late brother 
Benham having a purpose to inclose some ground there, the 
Governo'' Mr. Eaton lett him know itt would nott be conven- 
ient for him to have a farme w^hin his farme, whereupon the 
said John Benham propounded to the Court where he shall 
make bricks, butt nothing was determined concerning. 

Itt was ordered thatt a chist be made for the pikes and the 
great guns putt in readynes for w'h, according to a former 
order. 



A Gen"^!^ Court held the 20'^ op June, 1645. 

Whereas itt doth appeare there is need of sending forth 
some souldiers to strengthen Vncus agst the Narragansett In- 
dians, for the present and y* some thing may fall out W^h may 
occasio the sending of more men, itt was therefore ordered 
thatt the Governo'" w^h the rest of the Court w^h the Captaine 
and Leivtenant as a councell of warr shall dispose and order 



168 NEW HAVEN COLONY EECORDS. [1645 

all the military affayrcs untill the Geni'i Court for the juris- 
clictio shall settle some course concerning the same. 



A Court held the 1* op June, 1645. 

Will Riissells being ma^ of a watch, for suffering his watch 
to sleepe was fined 10^ 

The sentinell fined 5^ and all the rest 1^ a peece. 
John Hunter fined 5^ for neglecting his watch. 
Sam Dighton and Anthony Stevens respited. 



A Court held the 5 op August, 1645. 

Robt Abbott having his goates driven forth towards the 
keeper, butt were found in the quarter yett had done no dam- 
age, desired the judgm* of the Court whether he were lyable 
to pay 6^ a head ])y vertue of the order agst goates. 



[Here the records cease to be in the liandwriting of Tliomas Fugill, and what fol- 
lows, as far as page 194, is in that of Richard Perry.] 

[104] At a Gen" Court held at Newhauen the 18th qp 
August, 1645. 

Yppon a letter from the Governour* it was desired that 
some course may l)e taken for the common saftie in these ru- 
mours & tumults of the Indians. 

The gunne smithes were desired to lay aside all other 
l)uissines & gett those gunnes repayred that are defective. 

Henry Pecke and old Bassett were desired to sett the great 
gunnes vppon good strong carryadges. 

The farmers that have butter and cheese were desired to 
keepe it in tlieir hands, that in case the publicque service re- 
quire it, they may be furnished. 

All those that goe abroad in the woods or meddowes were 

* From Boston, where he was attending'a meeting of the Commissioners of the 
United Colonies. 



1645] NEW HAVEN COLONY RECORDS. 169 

desired to carry their armes w'li them, & to worke as iieare 
together as may bee. 

It was desired that those that goe forth with the heards and 
flocks would carry their giinnes w4i them & it was advised 
that 2 might goe w'h eiiery heard oiiii the Lords dayes. 



At a Gennerall Court held at Newhauen the 25*'' of 
August, 1645. 

The court tooke it into serious consideration what should 
be done w^h farmes, but nothing was concluded about them 
but left to further consideration, only those that live at the 
farmes were desired to keepe good watch & be carefull of their 
owne saftie, till there be more apparent danger and some fur- 
ther order concerninge them. 

It was debated whether the dischardging of a gunne in the 
towne, woods or meddowes,shalbe taken as an allarum dureing 
these times of danger, but it was left. 

It was propowndcd that those that have gunnes most fit for 
service abroad, shall lend them to the souldiers that are to 
goe abroad. Also that those that have shoes & stockeings to 
spare, would furnish the souldiers w'h them, and Mr. Gregson 
vndertooke to see them satisfied for them. 



A Court held the 2<i of September, 1645. 

Richard Catchman desired the justice of the court agaynst 
Thomas Hart and complayned that the said Hart carryed away 
his negroe servant from Virginia w^iout his licence, wlier])y 
he was damnified to the vallew of 2000 waight of tobacco in 
the price of her, besides what was dew to him from tlie said 
Thomas Hart for the service of the said servant for sundry 
monthes. 

Thomas Hart pleaded that the said Catchman did owe him 
a debt, & delivered a noat of severall accompts into the court. 

But because they wanted clearnes of evidence onn botli 
sides, the court advised tliem to reffcrre it to arbitration, accord- 
22 



170 NEW HAVEN COLONY RECORDS. [1645 

ingly they chose Mr. Gregsoii and Mr. Mall)oii to arl)itrate it, & 
if they cannot end it they desired Mr. Eaton the governour to 
vmpire it. 

Richard Catchman as aturney for Florence Payne in Vir- 
ginia demanded a debt of Mr. Hart w^h liee the said Thomas 
Hart did acknowledge, but conceived that part of it was paied, 
if not all, hut had not his proofe readdy, whereuppon it was 
respited that he may have time to make proofe ; in the meane 
time to lay in security to the court for the said debt till hee 
make proofe of the payment of it in Virginia. 

John Thomas for aljsence at a gennerall trayninge was 
fined 5s. 



[105] A Court held at Newhaven the 6^'' op October, 

1645. 

MichacU Palmer complayned that Richard Beech did prom- 
ise to pay him a debt of 35* in beaver but had fayled. 

Richard Beech acknowledged the debt & his promise to pay 
beaver, but professed he could not gett beaver. 

The court ordered that Richard Beech should pay the debt 
in some other pay soe as it may equall beaver, to the said 
Palmers satisfaction (w'h damadges for forbearance,) before 
the next court, or elce an execution shall goe forth agaynst 
him. 

Arthur Holbridg hath sould to Mr. Malbon all his land in 
the necke conteyninge two acres and thirty two rodds. 

Jeames Russell desired satisfaction of John Walker for 
damadge done in his corne by his hoggs. 

John Walker pleaded that the fences were defective, wliere- 
vppon he was advised to warne those whose fences were dc- 
fectiue. 

Anthony Stevens for comming too late to watch, and w'hout 
bullets was fined 2^. 

Joseph Brewster and Joseph Cox were accused for drinkeing 
to excesse ; Joseph Brewster confest that they had drunck 
sacke in his fathers cellar out of the bung w'h a tol)acco pipe, 
& in the chamber out of a bottle, and that they went after that 



1645] NEW HAVEN COLONY RECORDS. 171 

to the ordynary, and there drank a quart of l^eare. Sister 
Linge testified that she saw them as they came from the ordy- 
nary & Joseph Brewster did lead Joseph Cox by the arme, & 
she speakeing to them asked whether Joseph Cox were drunk, 
wherevppon Joseph Brewster let him goe and then she saw 
him stagger & reele, & as she conceived, being not able to goe 
nor stand as a man, he sit him downe vppon a blocke or logge 
by the pales, but could not sit as one sober, wherevppon she 
agayne said he was drunke, because he could not goe nor 
stand, and then Joseph Brewster called him to come to him 
w^h he did, but yet in a reeling mainer. Mrs. Evance and 
her mayd testified that when they first saw Joseph Cox after 
this they could perceive nothinge that hee ayled. 

The Court being fully satisfied in the evidence given by sis- 
ter Linge, and the Governour testifing that vppon examina- 
tion he had taken, they tould aboundance of lyes, espetially 
Joseph Brewster, the premises considered, the Court conceyved 
they deserved to be sevearly whipped, but referred it to Mr. 
Evance & Mr. Brewster to give them correction in their famy- 
lyes. 



At a Gennerall Court held att Newhauen the 22th qf 
OcTO: 1645. 

John Cooper & Joseph Nash were admited members of the 
Court. 

Captayne Malbon & Captayne Turner were chosen deputies 
for the gennerall court for the jurisdiction. 

Mr. Malbon, Mr. Evance, Mr. Gibbard, Mr. Francis New- 
man were chosen deputies for the towne. 

Mr. Atwatter chosen treasurer. 

Mr. Goodyeare, Mr. Evance, Mr. Gibbard, Mr. Wackman, 
Mr. Francis Newman, & Mr. Atwatter were chosen to audit 
the accompts of the former treasurers. 

Thomas Fugill chosen secretarie, Tho"i Kimberly chosen 
m"" shall. 

The surveyours of the causwayes & bridges w^h their con- 
sent are to be continued another yeare. 



172 NEW HAVEN COLONY RECORDS. 1645] 

[106] II Mr. Lambertoii propownded that he might liave a 
peece of grownd neare his howsc to sett a warehowse by the 
creeke and for a wharfe also, & he will give the towne soe 
much as it is worth, or if the towne be not willinge to sell it, 
if he may have it for the present, when there shalbe cause he 
will part w'h it vppon such tearmes as shalbe thought by indif- 
ferent men. 

Jaspar Crayne & Robert Secly are desired to joyne w^i the 
Court to view the said grownd, & (if tlicy see cause) to dis- 
pose of it to Mr. Lamberton, vppon such tearmes as shalbe 
thought meet by them for the publique good. 

The Governour complayned that he could not gett work- 
men to mend the mill, where vppon it was ordred that the 
governour shall have power to presse men for that worke, & if 
any man be preingadged they shall goe onn w*h their ingadg- 
ments after the presse is satisfied or the work done for w^h 
they are pressed. 

It was debated what order the miller should observe in 
grinding mens corne, but left to the millers discretion & the 
rule of cqiiitye. 

The Governour wished the towne to take notice that if any 
send baggs vnmarked, the miller will take noe chardge of 
them. 

Goodman Smith desired the court to take some order that 
his land may be layd out. The Governour wished the Court 
to consider whether they would confirme their former grant 
to the said Smith or revoake or alter it, but it was respited to 
further consideration, because for the present he hath put of 
his sheepe. 

It was ordered that Goodman Deighton should burne the 
playnes w^h all convenient speede, takeing the fittest season, 
and therfore every one should take warninge & secure their 
fences or what elce may be in danger. 

It was ])ropownded to the court in case damadge be done in 
corne who shall bcarc the damadge, it was resolved they 
whose fences are defective, if the defective fences bee fownd. 

The Governour called vppon those who were defective 
though appoyntcd to veiw the Beaver Meddowcs, & bro. Seely 



1645] NEW HAVEN COLONY RECORDS. 173 

to know what was done in it, but their answere was they had 
done notlieing in it. 

The marshall was desired to sec the hooks and hinges of the 
towne gates least they be lost. 



At a Gennerall Court held the oO^'' of Octob : 1645. 

Mr. Lamberton was chosen dcpiity in Mr. Malbons stead for 
the jurisdiction court, and Mr. Crayne deputy for this towne, 

[A General Court for the Jurisdiction Avas also hold on the 30th of October, 1C45, 
at which the magistrates and commissioners were chosen for the year ensuing, as 
appears from the date of the commissions of tiie latter in the Records of the United 
Colonies.] 



A Court held the 4th of November 1645. 

Bamfeild Bell being reproued by W™ Paine for singinge 
profane songs, answered & said, you are one of the holy breth- 
eren that will lye for advantadge. It was testified by the said 
W"' Payne & Joseph Brewster. Mr. Evance testified that it 
was his constant frame to reproach those that walke in the 
wayes of God. The premisses considered the centence of the 
court was that he should be seveerly whipped, 

Mrs. Brewster intreated the Court that the execution of the 
sentence may be respited till her husband come home, because 
he is her husbands kinsman. 

John Beech & Ambrosse Sutton being sent forth by the nv 
of the watch to walke the rownd went into a howse & layed 
them downe to sleepe, & soe neglected their trust, for w^h 
they were fined 5^ apeecc, 

Mr, Leech beiiige complayned of for not bringing his amies 
on the Lords days, his answere was that his man brings his 
armes for him, w°h was satisfyinge. 

Thomas Clarke for totall neglect of his watch was fined 5^ 

Mr. Evance hath sould vnto Mr. Robert Newman & to Mr. 
Gill)ert 67 ac: of vpland, lying betweene Captayne Turners 
farme and and the said Mr. Newmans farme. 



17tt NEW HAVEN COLONY RECORDS. [1645 

[107] At a Court held the 3^ op December 16-45. 

Thomas Robinson ^yas chardgecl for remoueing some land 
marks in Mr. Hooks & setting new stacks in W™ Fowlers 
meddowe haveing hired in the meddow adjoyninge some grasse 
for this ye are. 

He pleaded that he vsed the best meanes he could to find 
the range. Richard Miles testified that he gave such exact 
directions that he could not misse the Ijowndes of Mr. Hooks 
meddowe, if he observed the range of Mr. Gregsons fence on 
both sides of the meddowes. 

Thomas Barnes also testified that Thomas Robinson did 
remove a stacke though he advised not to doe it. W™ White 
testified that when he went to mowe in Mr. Bracyes meddow 
there was new staks sett, and that bro : lues tould him if hee 
did mow by those staks he should cutt crosse brother Fowlers 
meddow. George Smith testified that after Thomas Robinson 
had bin sicke, haveing some meddow to cutt, he said if he had 
bin well he would have made them goe nearer together, mean- 
ing he would have cutt more then was left him or was dew as 
was concejued, for w'^h vnrighteousnes in disturbing the pub- 
licque peace, he was fined 40^ to the publicque & ordered to 
set the staks right at his chardge. 

Captayne Turner informed the court that Mrs. Stolion hath 
complayned to sundry persons that he made a bargaine w^^h 
her for cloth for w'^h shoe accepted cowes, but was disapoyntcd 
to her great damadge, & thcrfore he desired she might shew 
what cause he had given her soe fo doe. 

Mrs. Stolion pleaded that the captayne came to her howse 
to buy some cloth, chose a peece of 20^ a yard, and said he 
would have sixe yards of it, and Mrs. Stolion should have a 
cow, and both aggreed to have her prized by some indiiferent 
men ; the captayne said alsoe that he had neede of more cloth 
& commodityes to the vallew of 12^ & told her she should 
have 2 cowes, and she said when her son came home he should 
come & chuse them ; accordingly when her son came home he 
went to the captayne, chose 2 cowes, and when he came home 
he tould her the captayne would come the next day & speake 



1645] NEW HAVEN COLONY RECORDS. 175 

wt^h her, but came not according to his pmise, and though she 
sent to him yet he came not. 

The captayne said he did really intend to have had some 
cloth and that she should have a cowe, and when Mr. Stolion 
came to chuse one of the best cowes he had, and Mr. Stollion 
told him he might as well let his mother have 2 cowes, for she 
had neede of cowes and the captayne had need of cloth and 
commodities, wherevppon the captayne let him chuse another 
cow & set him a prise, namely 12'. Mr. Stolion said he would 
give but 10^, the captayne told him he would abate 10^ 
Mr. Stolion said he would give noe more but 10', they parted 
and the captayne promised he would come and speake w^h his 
mother, but because he could not well goe to Mrs. Stolion, & 
haveing heard of the dearnes of her commodities, the exces- 
sive gaynes she tooke, was discouradged from proceedinge, & 
accordingly bid his man tel her he would have none of her 
cloth, and nameing sundry perticuler instances of commodi- 
ties sold by her at an excessive rate, left it to the consideracon 
of the court whether she liad not done him wronge in com- 
playning of him, and if she might not be dealt w^h as an 
oppressor of the commonweale. 

The court conceyved the captayne was to blame that he 
did not goe to her according to his promisse, espetially that 
after he heard she was vnsatisfied he did not attend her satis- 
faction, but w'^hall that the captayne might justly offer it to the 
consideration of the court whether such selleinge be not extor- 
tion and not to be suiferred in the commonweath. 
[108] II 1 The captayne complayned that she sold some cloth 
to W™ Bradly at 20^ ¥ yard that cost her about 12% for wh 
she received wheate at 3^ Q'^ ¥ bushell, and sold it presently 
to the baker at 5« ¥ bushell who received it of W"^ Bradly, 
only she forbaring her monny 6 monthes. 

2 That the cloth W^h Leiut Seely bought of her for 20^ ¥ 
yard last yeare, she hath sould this yeare for 7 bushells of 
wheate a yard, to be delivered in her chamber, w^li she 
confest. 

3 That she would not take wompom for commodityes at 6 



176 NEW HAVEN COLONY RECORDS. [1645 

a penny though it were the same she had paid to others at 6, 
but she wouki have 7 a penny, as Thomas Robinson testified. 

4 That she sold primmers at 9'^ apeecc wh cost but 4*^ here 
in New England. Thomas Robinson testified that his wife 
gave her 8'' in wompom at 7 a penny, though she had but 
newly received the same wompom of Mrs. Stolion at 6. 

5 That she would not take beaver w'^li was m^'chantable 
w^h others at 8« a pownd, but she said she would have it at 7^ 
and well dryed in the sun or in an oven. Leiut. Seely, the 
m'"shall & Isaacke Mould testified it. John Dellingham by 
that meanes lost 5^ in a skinne (that cost him 20^ of Mr. 
Evance and sold to her,) viz'i 2^ 6'i in the waight and 2^ 6'^ 
in the price. 

6 She sold a peece of cloth to the 2 Mecars at 23^ 4'i p 
yard in wompom, the cloth cost her about 12^ ¥ yard & sold 
when wompom was in great request. 

7 Tliat she sold a yard of the same cloth to a man of Con- 
necticott at 22« p yard, to be delivered in Indian corne at 2« p 
bushell at home. 

8 She sold English mohejre at 6^ ¥ yard in silver, w^h Mr. 
Goodyeare and Mr. Atwater affirmed might be bought in Eng- 
land for 3^ 2^ F yard at the vtmost. 

9 She sold thridd after the rate of 12^ ¥ pownd w^h cost 
not above 2^ 2"^ in old England. 

10 That she sold needles at one a penny w^h might be 
bought in old England at 12'' or IS'^ ¥ hundred, as Mr. Fran- 
cis Newman affirmeth. 

The Court seriously weighing all the perticulers chardged 
agaynst Mrs. Stolion, conceived that the nature and aggrava- 
tions of the aforesaid chardges was proper for a court of mag- 
istrates to consider off, and therfore respited and refferrcd it to 
the Court of magistrates to be held at Newhaven the last Mun- 
day in March next. 

Stephen Medcalfc complayned that he going into tlie howse 
of John Linlcy, Francis Linley, his brother, being in the liowse 
told him he would sell him a gunne, the said Stephen asked 
him if it were a good one, lie answered yea, as any was in llie 
towne, wherevjipon they bargajned, and Stephen was to give 



1645] NEW HAVEN COLONY RECOEDS. 177 

him 17«. As Stephen was gomg out of dores he questioned 
the sufficiency of of the locke, Francis tokl him indeed John 
Nash told him she was not woi'th 3'^, but for his part he did 
not vallew it worse for that, for smithes doe not affect okle 
gunnes, for he knew one gunne W^h John Nash disprajscd w^h 
is a good one for all that, soe Stephen went home & afterward 
dischardging the said gunne the brich flew out & struck into 
his eye and wounded him deepe and dangerously into the 
head. 

Francis Linley pleaded that he told Stephen that Jolni 
Nash told him that the gunne was naiTght, that it was not 
worth 3'', that the barrell was thinne and would not beare a 
new britch, and advized Stephen to scoure her well and if he 
tryed her to put but a little chardge in her. 

Mr. Gregson and John Nash testified that when he Avas 
examjned before Mr. Gregson, Francis Linley denyed he had 
told Stephen that the barrell Avas thinne and would not beare 
a new Initch, that it was crackt on one side from the britch to 
the touch-hole. 

[109] II John Nash testified that he tould Francis it was a 
very naughty peece, not worth the mendinge, & yet he prest 
him to mend it as well as he could & let it be as it will, he 
told him moreover that the barrell at the britch was as thin as 
a shilling, crackt from the britch to the touch-hole, and would 
not beare a britch, and after he had mended it, he tould him 
he would not give 2>^ for it, and to his best remembrance, lie 
saith, he tould him he would not dischardge it for all New- 
haven, for it would doe some mischeife. 

Richard Myles also testified that he heard John Nash speake 
much of her badnes & vnserviceablenes to Francis Linley. 

John Linley being demmanded why he was taken w'h such 
a quakeinge and trembling when Stephen was going to shoote, 
he said he did not quack nor tremble. 

Thomas Clarke testified vppon oath, that John Linley tould 
him when he heard Stephen dischardge the gunne that he was 
affraid he had hurt himsclfe. 

Goodwife Fancy testified, that John Linley came oft times 
to speake w'h Stephen, when he thought he lay vjipon his 
23 



178 NEW HAVEN COLONY RECORDS. [1645 

death bedd, to know if he woukl cleare his brother, for he 
said he feared he had hard thoughts of his brother concerning 
the gun. Mr. Pell confirmed her testimonny. Richard 
Beech affirmed that Francis offered him that gun to sell & 
demanded 20% telling him to his best remmembrance that it 
had a new britch. 

The court considering the premises, the great damadge 
Stephen Medcalfe had susteyned in the losse of his eye, w'h 
the losse of his time & the great chardge of the cure, Mr. 
Pell affirming it was worth 10^, ordered Francis Linley to pay 
to Stephen Medcalfe 20^ damadges. 

Brother Thomas Nash for his sons absence at a gen^^ trayn- 
ing pleaded his necessity of buisines in fetching home his hay 
by watter & that he could gett noe other helpe at that time, 
but the court judged his plea common to others & ordered 
him to pay his fine. 

Mr. John Bvance pleaded that wheras he had hired John 
Basset & his wife to be servants to Mr. Goodyeare in New Eng- 
land, yppon condition that if Mr. Goodyeare did not accept of 
him he should be at liberty, only pay to the said Mr. Evance 
the monnyes W^h he hath disbourscd for him & his wife both 
for their transportation & other occasions, Mr. Goodyeare did 
not accept of their service, & yet the said Basset refuseth to 
pay him the said monnyes. 

John Bassett pleaded that their was noe such covenant. 
Mr. Evance produced a noat vnder his owne hand w<=h implyed 
such a covenant. Basset acknowledged his marke but said he 
never heard the note read though lie set his hand to it, yet he 
said if Mr. Evance would take his oath of it he would submit. 
Mr. Evance answered he made sufficient proofe of it by 2 wit- 
nesses, and one of themvppon oath, (& deliuered an affedavit 
into the court,) of John Ogden, taken before Mr. Eaton Gov- 
crno'", in which John Ogden relateing the aggreement betwixt 
Mr. Evance & the said Basset sweres expresly, that if Mr. 
Goodyeare dotli not accept of him and his wife they were to 
pay Mr. Evance what he had layd out for them, & so be free 
to dispose of themselves, yet was willing if the court pleased, 
to make oath of it, but the court tould John Basset that Mr. 



1645] NEW HAVEN COLONY RECOEDS. 179 

Evaiice needed not to doe it haveing proved by 2 witnesses, 
and one of them vppon oath ; at last the said Basset said he 
would refFer it to the Court, let them doe as they pleased. 
[110] II It was aggreed but vppon further discourse betweene 
the parties themselves that John Bassett should pay vnto Mr. 
Evance 11^ 7^ w^h is the debt demanded & sume disbursed, 
(Mr. Evance being willing to take notheing for consideration,) 
W^h sume the said Basset promised to pay at 2 certayne dayes 
viz', the one halfe at midsommer next ensewing, and the 
other halfe wt^hin 6 monthes after that. 

Brother Wackman & bro : Miles reported to the court that 
they had (as the court desired them) viewed the clay pits 
way and the fences adjoyninge, in refference to the difference 
betwixt Mr. Malbon & Mr. Caffinch, and fownd that the way 
to the clay pitts was to lye open, but the quarter that lay on 
the one side could not accomplish their part of the fence, 
and therfore haveing planted, were forced for safeguard of 
their corne to make a fence crosse the said way w'h rayles, w^h 
way the other quarter driveing their cattle, & somtimes leav- 
einge oppen the rayles & somtime breakeing them, much dam- 
adge hath bin done l)y cattle and hoggs, whereuppon the court 
determined that the quarter that should have fenced & did 
not, must beare the damadge, and those that have trespassed 
in breakeing & leaveing open gates or rayles shall contribute, 
and desired the afforesaid committee to take some more paynes 
for the setling of it. 

Brother Crayne desired the judgment of the court concern- 
ing damadge done in his corne by Mr. Caffinch's hogs w^h he 
fownd in the corne and brought home to his howse requiring 
satisfaction of him & he refussed to give him any. The court 
ordered that Mr. Caffinch pay the damadge till he pay the de- 
fective fences. 

Jarvis Boykin complayned that sundry fences about their 
quarter are defective, and he hath told the owners of some of 
them, & some they know not to whome they doe belonge. 

The court advissed they should get the fences measured and 
cast vp euery mans proportion, and then they may know 
whose it is, that it may be mended to prevent future damadge ; 



180 NEW HAVEN COLONY RECORDS. [1645 

and to put an end to the wrangles about the fences belonging 
to the vacant lotts, it was ordered, that brother Andrewes 
and brother Munson shall veiw them all, and allow those that 
made them soe much as they were worth when they were sett 
upp, and the quarters to gett the said fences well & substan- 
tially made as speedily as may bee, and in the meane time 
they shalbeare all damadges themselues w^h come by the bad- 
nes of the said fences. 

Hannah Marsh complayned that Mr. Brewster called Bil- 
lingsgate slutt, and that she was sent for on shipl)oard to play 
the slutt. 

Mr. Brewster confest he being much provoaked and disqui- 
eted by her frowardnes and brawling on shipboard, did call her 
slut & Billingsgate slutt, and said he hoped she would dance 
about the whipping post, and affirmed that Mrs. Norton at 
Charlstowne told him that a seaman was speakeing filthy 
Avords to her the said Hannah, and would have had her goe 
on shipboard, being asked what to doe, he said to play the 
slutt, George Walker testified he heard Mrs. Norton speake 
what Mr. Brewster hath affirmed. 

Mr. Brewsters mayd and Mr. Lambcrtons maid testified that 
the said Hannah Marsh was very froward and contentious & a 
cause of much contention and vnquietnes amongst them as 
they came from the Bay. 

When the governour had showne what was the ordynary 
acceptation of Billingsgate slutt, namely that some that were 
soc called were convicted scolds and punished at the cuckeing 
stoole for it, & some of them chardged wUi incontinency, 
[111] II Mr. Brewster said he had sufficiently proued the 
one true, & he would not acquit her in the other, being asked 
what grownd he had to lay such an implicit chardge vppon 
her, he said he had notheing at all agaynst her but what he 
gathered from Mrs. Nortons words. The court told he ought 
to acknowledge his fayleing & soe repaire her reputation as 
much as he may. At length he did acknowledge he was too 
blame & said he was sorry he had spoke soe rashly, and that 
he intended noe such chardge agaynst her. The court also 
according to the evidence reproued Hannah Marsh for her fro- 



1645] NEW HAVEN COLONY RECORDS. 181 

ward disposition, remembriiig her that meeknes is a chojse 
ornament for weomen, and wished her to take it as a rebucke 
from God, and to keepe a Ijetter watch over her sperit here- 
after, least the Lord proceede to manifest his displeasure fur- 
ther agaynst her. 

Hannah Marsh did acknowledge it had l)in some trouble to 
her that she had bin soe froward and contentious to the dis- 
quieting of others, & hoped it should be a warninge to her for 
time to come. 



A Gennerall Court held the 8^'' of December, 1645. 

Brother Fowler & Thomas Knowles vppon some vrgent oc- 
casions were dismissed w^h the leave of the court. 

Mr. Malbon late treasurer, vppon the casting vp of his ac- 
compts acquaynted the court that the towne was much in- 
debted to himselfe & others & propownded that some course 
might be taken by the court for the payment of the said debts. 
The court considered how heavy the publique chardges grew, 
that most of them have bin expended for the publique safty 
and about things of common pulilic vse, wlierin all that live 
in the plantation have a like benifit in their proportions, and 
yet many live in the plantation & have manny priveledges in 
it have hitherto borne noe part of those publicque chardges, 
wherevppon it was debated whether or noe in equity such 
should not be rated some way or other for time to come, so as 
those that have borne the whole burden hitherto may be 
cased; but because it was not ripe for an issue, the court 
refferred it to the Governo'", magistrates, deputies w'h elder 
Newman, the 2 deacons, Mr. Cheevers,bro: Miles, l^ro: Clarke, 
In'o : Anthony Thompson & bro : Munson as a committee, to 
consider & digest the said case and report to the court rates 
they conceive such persons ought to pay towards the former & 
future publique chardges. 

And forasmuch as the publique occasions require that a 
rate should be levied forthw^h, it was ordered that all the 
rates alreddy due and the rates due in Aprill next shalbe paid 
into the treasurer at his owne howse w*hin one month after 



182 NEW HAVEN COLONY RECORDS. [1645 

the date hereof, in moiiiiy, beaver, wampom or come, in good 
wheatc at 4** F bushell, in rye & pease at 3^ 4*i -P biishell, and 
if any pay in Indian corne at 2=^ 8'^ ¥ bushell w^iout assigne- 
ments. 

Whereas by an order formerly made for the incouradgment 
of those that kill woolues & foxes 15^ was allowed for a 
woolfe, & 2« 6*^ for every fox they killed, the court considering 
that none make it their buisines to attend it, thought that 
allowance to much, and ordered that the treasurer shall pay 2 
pownd of powder & 4 pownds of shott or bullets for euery 
woolfe, and 1« for euery old foxe & sixe pence for every 
yonge one, to those that shall kill them. 

The court declared their apprehensions that the 2^ to Ijc 
paid to tlie secretarye for alyenations should be accompted as 
part of his 10^ salery, but reffered it to the afforesaid commitee 
to consider what is meet to be allowed to the secretary and 
marshall themselues out of the said alyenations, and of the 
warrants. 

[112] II It was ordered that every one that comes to enter an 
action or an allienation in the court pay to the secrettary (be- 
fore any such entry) the fees ordred by the court, and that 
euery one that shall bring a warrant or attatchm*^ to the mar- 
shall shall pay to him the fees due for the same before he exe- 
cute the same. 

The Governour propownded to the court whether they 
would confirme their former grant to Goodman Smith in 
refference to his sheepe, or such part of it as might bee con- 
veynient for him <fe his famyly, w<^li occasioned a lardg de- 
bate, and sundry questions were put to Goodman Smith, both 
about the quantitye of grownd he desired and keepeing sheep 
for the townes benifit. 

Goodman Smith declared that he would not be content w'h 
5 acres of meddow, nor would he be tyed to keep any sheepe 
but his owne, at w<=h the court was offended, because his 
promise to keepe other mens sheepe was the grownd of their 
former grant. In conclusion, the former conditional grant 
being voted, was by this Court revoaked. 

Mr. Gibbard desired to know where their quarter may have 



1645] NEW HAVEN COLONY RECORDS. 183 

their 2*^ devission. It was, they must let the siirvay goe on for 
all the quarters, & that then the Cou''t would consider where 
they, and others that want grownd, may be accomodated. 

It was ordered that wompom shall goe for currant pay in 
this plantation in any payment vnder 20% if halfe be blacke 
& halfe be white, & in case any question shall arise al)out the 
badnes of any wompom, Mr. Goodyeare shall judge, if they re- 
paire to him. 

It was ordered the miller shall grinde all the grists that is 
brought to the mill by course as it comes in order." 

Brother Potter made an offer to carry every mans grist from 
their howses to the mill & bring it home againe to their 
howses for 2'^ F bushcll, but that was respited. 

It was propownded by Mr. Malbon that our pastoi's lott may 
be fenced at a common chardge, & for his part he would cart 
all the stuffe ; it was gennerally approued, the governour de- 
sired all those that could and were willing to helpe, that they 
would repaire to Mr. Malbon & he would direct and order the 
worke. 

It was ordred that Mr. Pearce in respect of some weaknes 
of boddy & some service he is appoynted to doe in giveing 
out and laying vpp the pyks from time to time, shal be freed 
from trayning & watching also in his owne person, only he is 
to find a man to watch for him at his owne chardge. 

The comitee that viewed brother Seelys meddow reported 
that for the present some of it is vnvsefull, but conceive w4i 
chardg it may bee improved. 

It was ordered that Phillip Leake shall have land layd out 
according to his proportion, on the east side among the small 
lotts and that then the land shalbe layd out in such a forme as 
may be vsefull for them and may also suite the townes con- 
vey niencye. 

Brother Browne desired he might have 3 acres of land out 
of Mr. Brownings proportion in the Oystershell feild, Mr. 
Browning beinge willing, it was reffered to the commitee to 
order as they shall se cause. 

It was ordered that bro : Preston shall keepe the pownd in- 
stead of bro : Kimberly. 



184 NEW HAVEN COLONY RECORDS. [1645 

Because the court could not now determine any thing con- 
cerning fences, & Cap* Turner may probaljly be gone before 
another court, he desired the court to take notice that he hath 
had much damadge done both in his corne & meddowes by 
reason of those that drive hoggs that way & have noe land 
there & the leaveing open a gate w^h Dauid Atwater should 
mayntayne, he complayned also that some drive their oxen & 
dry catle towards his farmc soe that his cowes want food. 



[113] A [ ] 

Richard Beech hath sould his owne liowse to bro: W'" 
Pecke & whereas the said howse was sugadged for the securitye 
of the portions of the children of Andrew Hull, (whose widdow 
he marryed,) in liew thereof he hath now ingadged his howse, 
barne, cellar & well, vallewed at 40^ w'h the 7 acres of land 
on w^h it stands, the howse, barne & ccller lacing compleatly 
finished being built w^h bricke & stonne as he promiscth & so 
kept in repaire & the land in hart for securitye of the portions 
of the said children. 

The difference betwixt W'" Burret of Copeage & Henry 
Whelpley of the same, (because they were deffective in poynt 
of proofs on both parts,) was refferred by consent of both par- 
tyes to Goodm" Groues, John Hurd, Goodman Judson and 
Goodm" Shirman to arbitrate & end if they can, if they can- 
not Alexander Knowles was chosen by them both to umpire it. 

Georg Warde haveing bin twice warned to the court but 
appeared not, now appearing, for his contempt was fined 10% 
and was chardged wi^h slandering Mr. Davenport, saying that 
Mr. Davenport told him that he had not any hand in the trade 
of Delaware, wheras Mr. Davenport said he did not medle w'li 
the mannadging of any trade, as was testified by some of the 
court that heard him. 

He pleaded that he apprehended Mr. Dauenport had denycd 
that he had any thing to doe in the trade, being asked why he 
would not goe to Mr. Davenport or some other that could 
satisfie him before he did slander him in other plantations, he 
answered he did not intend to slander him. The slander being 



1645] NEW HAVEN COLONY RECORDS. 185 

of soe high a nature considering the person slandered that the 
court thought it meete to reffer it to the court of magistrats 
to be held in Aprill next & therfore let him know that he 
must appeare at that court and answere the said slander. 

Mr. Rotherford to Mr. Malbon all his land in the necke. 

Mrs. Eaton hath soiild to Mr. Pery all her land & propriety 
in this towne w'h all accomodations whatsoever therevnto be- 
longinge. ' 

Wheras the estate of Thomas Trowbridge hath bin attatched 
to satisfie his creditors, Mr. Evance otfered 100' for the howso 
and howselott w^h al the accomodations therevnto belonginge, 
it was debated but not issued. 



A Generall Court held the 23*' of February, 1615. 

The governour declared to the court that the commitee had 
now audited all the towes accompts, (from the begining til 
October last,) and find them right, only they are not satisfied 
about the chardgc of the seates in the meeting howse, soe that 
if that worke bee not cleared to the audito''s some other work- 
men must judge what tlie worke is worth, and that the towne 
is yet indebted soe that probably there wilbe neede of a new 
rate, but that's respited. 

Alsoo that the orders have bin veiwed & they conceive that 
the fees of the court had neede to be increased, viz'', that the 
marshall receive for every warrant 8 ^ , and for every atatchmt 
1^ before he execute them, and to have ^ part thereof for his 
paynes therin & for gathering the fines due to the court, and 
the rest to be accompted vppon his wages to the treasurer, also 
that 3s 4:<^ be hereafter payd for every action that is entred, 
and 2^ for every alienation, both to the treasurer for the ease 
of publicque chardge. 

It was ordered that those who are admitted freely as planters 
into howselotts shall have planting land sixe acres for a single 
person, eight acres for a man and his wife & one acre added 
for each child at present, & shall pay 2^i an acre from October 
last for all their lands in the playnes & beyond the east river, 
and tliat such as are admited planters in the towne, Imt either 
24 



186 NEW HAVEN COLONY RECORDS. [1645 

desire noe land, or accept not what is allotted shall pay 1^ a 
yeare a peece towards publicque chardges. The land which 
shalbe layd out to them to l)c either at the further end of the 
great playnes, soe farr as the land w^hin the fence wil reach, & 
the rest onn the east side, so as may be most convey nient for 
them & not prejudicial! to [the ^ & they,] 

[114]t 

[ ]e towne and enjoy [ 

] Mr. Godfrey, and Stolion, it was 
ordered that Mr. Leach shall pay 40^ F ann, Mr. Godfrey 20** 
•F an, and Mrs. Stolion 20^ F" an, from the latter end of Octo- 
ber last past towards publique chardges. 

It was propownded to be considered whether those that have 
bought howses & have noe land should not have some land 
layd to them as the rest of the small lotts have, but it was 
respited. 

It was desired that men would be moderate in keepeing 
co'wes & hoggs least the court be constrayned to lay some 
restraynt vppon them. 

It was ordered that if any man (after this day month) shall 
find any hoggs vnyoaked & vnringed, either in any come feilds 
or meddowes belonging to the towne and designed for mens 
proprietyes though not layd out, he shall vppon due proofs in 
court receive of the owner G^ a peece, & the keeper of the 
pownd is to have l'^ a head more if they be brought to the 
pownd, & the owner is besides to make good all the damadge 
done by them. 

It was ordered that the old orders shall stand in force cori- 
cerninge fences, and the veiwers be continued as before. 

It was ordered that brother Wackman and brother Gibbard 
shall goe w^li brother Brocket to se the lott belonging to 
I'homas Fugill at the West rocks measured & surveyed & 
report to the court what distance it is from the center & what 
quantitye of land there is. 

It was ordered that bro. Atwater, the treasurer, bro : An- 
drewes & brother Munson shall prize the frame that was pro- 
vided for an inne, (& w'h the approbation of the govern^) sell 

* About two lilies are torn from the top of this page. 



1645] NEW HAVEN COLONY RECORDS. 187 

it or dispose of it as they can for the townes best advantadge 
to bro : Francis Newman or others W^h may have occasion to 
vse the whole or part of it. 

It was ordered that if any goats shalbe fownd in any street, 
way or lott, in or about the towne w'hout a keeper, the owner 
shall pay H^ a head to him that pownds them, halfe whereof 
he is to have for his paynes & a 1'' a head to the keeper of the 
pownd ; if he himselfe pownd them he is to have 4*^ apeece, the 
other 3*1 a peece is to bee paid to tlie treasurer. 

It was by the Governo'' propownded alsoc, whether the dep- 
uties may be chosen once a yeare as the magistrates and other 
officers are, and that the treasurer may allwayes be a deputy 
to sit in court to see to the gathering of fines and fees, w^h was 
respited. 

Also whether the millitary affayres of the towne may be 
comfortal)ly carryed on wUiout a captayne, or whether it were 
not conveynient to chusc a captayne instead of Captayne 
Turner, not knowing when he will returne ; after some debate, 
Mr. Malbon was chosen captayne w^h liberty to resign 'his 
place to captayne Turner at his returne. 

It was ordered that dayes of gennerall traynings shalbe the 
first 2^ day in March, Aprill, May, June, August, September, 
October & November, w^h proviso if there be cause in respect 
of harvest or vnseasonable weather the magistrates w^h the 
clieife military officers may alter or change a day as they judge 
meete for the publicque good, and if any second day appoynted 
for traynings prove wett & soe hinder the service, the next 
second day being faire shalbe a trayning day. 

It was ordered that the squadron traynings shalbe as neare 
as may be about the midle betwixt the 2 gennerall traynings 
every month. 

It was ordered that the next 2^ day shalbe a gennerall view 
of armes, and soe once a quarter as was formerly ordered. 

It was ordered that the artillery shall goe on according to 
their owne orders formerly read in court & approued. 

It was propownded that all the fines for absence & late com- 
minge to the genn^' traynings and squadrons &c shalbe allowed 
the military company to bee disposed of by the officers in pow- 



188 NEW HAVEN COLONY RECORDS. [1645 

der or otherwise for the incouradgemeut & helpe of military- 
service & discipline. 

It was propowndcd that those of the trayned band who are 
growne to some good measure of skill and dexterity in the 
military art might have some incouradgement by ease or lib- 
erty, but respited. 

It was ordered that brother Browne shalbe left to his liberty 
to come to the gennerall traynings as the occassions of the ferry 
(his man being lame & not able to carry on that service at all 
times) will permit. 

[115] II It was ordered that o acres of land in the Oystershell 
feild, out of Mr. Brownings part shalbe layd to the ferry w*hout 
rent dureing the courts pleasure & that Mr. Browning shall 
have just consideracon allowed for it out of his rent dew to the 
towne for the rest. 

It was propowndcd that a l3ridge may be made over the east 
river in the way to Connecticott. 

Bro : Andrewes, brother Munson, brother Bradley, Richard 
^lansfeild w*h John Thomas are appoynted to view the said 
river & consider in what place & how w^i the least chardge 
it may be most conveynient & commodious to suite the end 
propowndcd & report to the governour & magistrates what 
their apprehensions are concerninge it 

Forasmuch as much damadge hath come to the quarters 
adjoyninge to the Oystershelfeild by some mens lots being 
vnfenced, as namely W'" Payne & W'" Blayden, the courts 
called vppon them to gett their lotts fenced & gave them leaue 
to take some of the trees on the common w^li the tann^s have 
felled for barke, but in the meane time they are to pay for all 
damadge wh comes by^ their default. 

It was propowndcd whether the towne or those that live by 
the seaside shall mayntayne the high-way before their lotts. 
The surveyors of high-wayes were desired to view it & also 
the wattercourse in the streat by Mr. Gilberts, & report to the 
court how they find them. 

It was ordered that brother Brockett shall survey the med- 
dow betwixt the two rocks onn the farr side of the harbour to 



[1645 NEW HAVEN COLONY RECORDS. 189 

see if it will accomodate brother Seely & V)rotlier Whitnell,botli 
whose meddow is soe l)ad as not to be improved w'h any toller- 
able chardg for their advantadge, and report what quantity 
there is of it that tlie court may consider & order therein. 

Joseph Pecke & Goodman Hitchcocke propownded that they 
might have each of them a small lott by the creeke neare 
brother Pecks yard. Bro: Crayne &bro: Myles are desired 
to view and report to the court if it may accomodate them & 
suite the townes conveyniency. 

Mr. Evance haveing aggreed w4i refference to the creditors 
for Mr. Trowbridg his howse, desired the court to grant him 
the cellar belonginge to it to build a warehowse vppo it, it was 
granted, provided that the ware howse exceede not 20 foot 
square. 

It was propownded that Mr. Davenports may be fenced as 
speedily as may be, & for that end it was desired the next 
trayning day every quarter may be spoken w'li to know what 
euery man will doe, and that they would appoynt a time for 
the speedy carrying on of the worke. 

The court w'h elder Newman & the two deacons are desired 
to place men in the meeting howse. 

It was ordered that the last yeares orders concerning the 
Necke shall still stand in force vnder the penaltie as then 
appoynted. 

Brother Livermore hath liberty granted to cut wood in the 
necke, but was desired to advise w^h such as can informe him 
how he may so cut it as to cause it to dye. 

The treasurer acquaynted the court that the last rates are 
disposed of, & yet the treasury is emptie and indebted, desire- 
ing the court to consider how it might bee supplyed to suite 
the present occassions of the towne, wherevppon those that are 
indebted were desired to make payment forthwith, least they 
be warned to the court & soe bring further dammadge vppon 
themselues. 

The peece of grownd brother Mitchell propownded for, is 
refferred to bro : Miles and brother Davis to view, and informe 
the court whether such an addition to him may not hinder 
some other planter who might have his proportion there. 



190 NEW HAVEN COLONY RECORDS. [1645 

Goodman Plat desired that his second devission may be layd 
out & if it might be he would have it beyond Mr. Malbons 
meddow by the sea side, it was ordered that the survay may 
goe on that he w^h others may have their land as it fals. 



NEW HAVEN COLONY RECORDS. 191 



[Here follows the revision of such orders as Avere designed to be of a more perma- 
nent nature, which the General Court, Feb. 24, 1644-5, beginning to lose confidence ni 
Fugill's integrity-, appointed a committee to see effected.] 



[116] In the layinge of the first fowndations of this planta- 
tion and jurisdiction, vpon a full debate w'^h due & serious 
consideration, it was aggreed, concluded & setled as a funda- 
mentall law, not to bee disputed or questioned hereafter, that 
the judiciall lawes of God, as they were deliuered by Moses, 
& expownded in other parts of scripture, so farr as they are a 
fence to the morrall law,' & neither tipicall, nor ceremoniall, 
nor had refference to Canaan shalbe accounted of morrall & 
binding equity and force, and as God shall helpe shalbe a con- 
stant direction for all proceedings here, & a gennerall rule in 
all courts of Justice how to judge betwixt partie and partie, 
& how to punish offenders, till the same may be branched out 
into perticulers hereafter. 

And for the due carrying on of all affaires according to 
God, it is also agreed, concluded & setled for a fundamentall 
law as aforesaid, that noe man of what degree or quality soever 
shall at any time be admitted to be a free burgess w'hin this 
plantation, but such planters as are members of some or other 
of the aproved churches of New-England, nor shall any but 
such free burgesses have any vote in any election, nor shall 
any power or trust in & for the ordering of any publicque civill 
affaires, be at any time put into the hands of any other then 
such members, though as free planters all have right to their 
inheritances & to coiherce, according to such grants, orders & 
lawes as shalbe made concerning the same. 

All free burgesses w'hin this plantation, admitted as before is 
expressed shall have vote in every gennerall election court for 
this jurisdiction, in the choyce of all magistrates for the juris- 
diction, whether governour, deputy governour or other magis- 
trates, w'h a treasurer, secretarie & marshall, who shalbe 
yearly chosen on the last Wenseday in October ; they shall 
also have vote in the chojse of deputies for the jurisdiction 
generall court so oft as it shall assemble, whether in an ordy- 
nary course or vppon extraordynary occassions, & in the elec- 
tion of other officers for the plantation, as in the choise of fit 
and able men from among themselues, being church members, 
who shalbe called deputies, & shall asist w'li the magistrates 
of this plantation in a monthly plantation court, w^li is to sit 
every first Tewsday each month at nine of the clocke in the 



192 NEW HAVEN COLONY RECORDS. 

ibrcnoone, to liearc & determine all causes brought before 
them, whether civill or criminall, according to the light of 
scripture as before exprest, but this plantation court to bee 
regulated in the vallew of causes & nature of the punishm^^ 
to the orders w^h are or shall be made by the generall juris- 
diction court, & in all these plantation courts, sentence shall 
passe according to the vote of the major part of magistrats & 
deputies present, but if the parties or either of them be not 
satisfied w^h the justice of any such sentences or executions, 
appeales or complaynts may be made from or agajnst these 
monthly perticuler courts to the court of magistrates for the 
jurisdiction, according to the generall courts order in October 
1(343. They shall also from among themselves choose all mil- 
litary officers for this plantation, as captayne, leiutenant, 
ensigne, Serjeants, corporalls &c. and make lawes & orders for 
generall traynings, artillery exercises, squadron traynings, 
veiw of amies, watchings, comming armed to publicque meete- 
ings, deviding of inheritances in this plantation, purchaseing 
lands of the Indians, ordering of fences, stinteing of comons, 
ordering and keepeing of cattle, preventinge dangers by fire or 
water, & gennerally in althings w^h only concerne this planta- 
tion, & are not contrary vnto either to the fowndation before- 
said, or to some artickles in the confoe deration w^h the collo- 
njes, or law or orders of the jurisdiction generall court. 

It is ordered that every planter give in the names or number 
of the heads or persons in his famylye (wherin his wife together 
w*h himselfe & children only are to be reckoned,) w^h an 
estimate of his estate, according to W^h he will both pay his 
proportion in all rates & publiquc chardges, from time to time 
to be assessed for civill vses, & expect lands in all devissions 
W^h shalbe generally made to the planters, w^h was accord- 
ingly don. 

Yppon due & serious consideration how the severall plant- 
ers, according to their different estats and famylies, at present 
might be accomodated wUi grownd, both vpland and mcddow, 
it is ordered that in the first devission, w^h is to be made of 
vpland w'hin two miles of the towne (a place called the Necke 
being all or the greatest part wUnn 2 mile not reckoned,) euery 
planter shall have, after the rate of five acres of land for euery 
hundred pownds in estate & for euery person or head in his 
famylye reckonned as before, two acres & a halfe of land & fur- 
ther that every planter shall have in the necke afforesaid after 
the rate of one 100' in estate, & halfe an acre for every person, 
& the nieddow belonging to the towne being duely considered 
& estimated it is ordered that euery planter shall have after 
the rate of five acres for every 100' in estate, & halfe an acre 



NEW HAVEN COLONY RECORDS. 193 

of meddow for every person, & in the second devission of 
vpland lying w^hout & beyond the two miles from the towne, 
it is ordered that [ever// planter shall have^ after the rate of 
twenty acres for every 100' in estate and \^for every head two 
acres and a halfe~\ 

[ ] expended in the first veiw of this 

towne [ ] lands from the 

Indians [* 

[117] II for euery 100' w^h yet falling short to defray neces- 
sarie & publique chardges, a rate of 200' was granted & levied 
vppon the planters, lialfe vppon estates, w^h came vnto 5^ lO''^^ 
F 100', & halfe vppon land in the first devission in the necke & 
meddow, w^h came vnto about If'' F acre. 

For that publique occassions require a publique stocke or 
treasurie, for the rajseing & majntayning of such a stocke, 
vppon serious consideration <fe debate, it is agreed & ordered 
that every planter, who as before receiveth & holdeth land 
from the towne, shall pay a yearely rate to the towne towards 
publique chardges, namely for every acre w'hin the first devis- 
sion & in the necke, <fe for all meddow 4^* an acre, and for all 
land w^hin the second devission, 2^ an acre ; w^li rates are to 
be paid in equall portions, the one halfe at or before the 
last day of Aprill, and the other halfe at or before the last 
day of October yearly, (besides what may be assessed vppon 
extraordjnary occasions,) to the treasurer in such manner & 
vnder such penaltycs as this court shall appojnt, which treas- 
urer shall also pay out all due & necessary publique chardges 
as shalbe ordered, & of all his receipts & payments he shall 
give a true & just account to this court, or to such audito''s as 
they shall appoynt yearly, or oftner if it be required, & shall 
also pay & deliver vpp vnto the suceeding treasurer, or vnto 
whomsoever this court shall appoynt, all such writtings, books 
of accounts, monny, goods or estate of what kind soever, due 
to the towne vppon such reasonable warning as this court shall 
judge meete. 

Heere should have bin inserted the planters names, estates, 
numbers in their famjljes, wUi their severall proportions of 
vpland &, meddow in each devission, w'li the rates they are to 
pay, but the treasurer having it, it was here omitted & thither 
reffered.f 

* A line or two worn off. 

t The book to which reference is here made is still extant in very good preserva- 
tion, and in the hands of Henry White, Esq. It is a parchment covered volume, in 
size 7f by 6 J- inches, of originally about ninety leaves; a few have been subsequently 
added. Upon its cover it bears the following title, now nearly illegible ; " A Booke of 
all the landes w^h Planters at first or by allienations since possesse Av'hin New Haven 

25 



194 NEW HAVEN COLONY RECORDS. 

It is agreed & ordered, that Mr. Davenports quarter, Mr. 
Eatons, Mr. Robert Newmans & Mr. Tenches quarters shall 
have then" first devissions of vpland to begin at the east side of 
the towne towards the sea, (after that certayne small lotts are 
layd out, & a feild about 40 acres called the Oystershelfeild, 
left to the townes dispose,) & so goe on by the Mill river, takeing 
in all the land as it fals, (highwayes exeptcd) to the 2 miles 
end, till compassing about they come vnto a common W^h is to 
be left for a cow pasture onn tlie east side of a certayne fresh 
medows called the Beaver ponds, & that the said 4 quarters, 
w'h Mr. Evance his quarter shall have their meddow by lott, 
(some pticular psons hereafter named excepted,) on both 
sides the river called Quillipiocke or the great river, beg-ining- 
with meddow next the great rock tSf soe on to seaward are 
called the east meddowes, only some of the smaller lotts 
w'hin the said 5 quart's, by their owne consent, are to have 
their proportions on the east side of the Mill river, begin ing 
at the meddow next the great rocke & so on to seaward, &, 
on an island in the great river before named, by lott as 
they shall fall in order ; only in the Mill river, he that should 
fall last, not haveing his full proportion, may leave it to the 
towne & take his fnl share in tlie said island. And island 
is also to be layd out by lott from the south end vp the east 
side & so rownd downe the west side in order, & the lotts being 
cast, the names & order followeth, 

1. John Benham, 10. Robert Hill, 

2. Mr. Clieevers, 11. Jarvis Boykin, 

3. Tho'" Powell, 12. Andrew Low, 

4. Abrah'" Bell, 13. John Cooper, 

5. William Andrewes, 14. W'" Tharpe, 

6. Richard Beckley, 15. Mrs. Eaton, 

7. Widdow Greene, IG. Mr. Peirce, 

8. Widdow Williams, 17. Tho'» Yale. 

9. Thomas Kimberley, 

Thomas Fugill who hath one of the foresaid smaller lotts, by 
consent & order is to have the island in the Mill river below 
the bridg for his pportion of meddow, W^h is 6 acres, & to have 
his vpland for his second devission of tliat cleare land by the 
West rocke, provided it be neither w'hin the 2 mile nor granted 
by the court to any other. 

Towne. Began by R. P. Secretarie, 1645 — Also it conteyneth the somes due from 
men to ye Treasurer, according to ye rate of 4fi per acre first devision and meddow, 
and 2(1 per acre for the second devission throughout the Towne — Anno Dom. 1646." 
Very few entries appear to have been made in it after 1652. Each man is made 
debtor to the number of acres held by him in each division at the rate he was to paj^ 
for it per annum, and credited on the other side for what he sold. 



NEW HAVEN COLONY RECORDS. 195 

It is ordered that Mr. Lambertons quarter, the subburbs, Mr. 
Gregsons quarter, Mr. Fowlers quarter & Mr. Evance quarter, 
begin to take their first devission of vpland at a place called 
Oyster poynte, on the south part of the towne & west part of 
the harbour, and so goe rownd in order, takeing in all the 
land as it falls, (highwayes excepted) to the 2 mile end, till 
compasseing about they have their full proportion, leaveing the 
rest on tlie west side of the Beaver pownds as a common for 
an oxe pasture, and the way to both these to lye, both for ox 
pasture & cow pasture, at the nor west part of the towne, from 
the streat where Mr. Evance his howse is. And Mr. Lamber- 
tons quarter, ye sublnirbs, and Mr. Gregsons quarter, w^li Mr. 
Fowlers, shall have their meddow in the west meddow, in a 
meddow called Mr. Malbons meddow, and on the Indian side 
below, or to the seaward of those meddowes appoynted for the 

5 quarters as before, and yet more to the sp.award in the med- 
dow called the solitary cove. 

It is granted & ordered that Mr. Eaton shall have 50 acres 
of his meddow on the east side of the harbour neere the waj^ 
to Totoket, w^h a proportion of vpland for a farme, and the 
rest of his meddow at his owne choyse in the east meddowes, 
w^h the remainder of his vpland for the second devission allong 
the river by the brick kils,adjoyninge to such part of his med- 
dow as he will improve for another farme w'h the best con- 
vejniencye the place can afford, only whereas a small peece of 
meddow on the west side of the Mill river adjoyneth to the 
vpland of his first devission, it is to be lajd [ 

as part] of [his] proportion & so the m[ed]dow 
[118] II that adjoyneth to any mans vpland vppon the west 
side of the said river. 

It is ordered that Mr, Davenport, pastour of the church, 
shall have his meddow & the vpland for his second devission 
both together, on the east side of the great river, where him- 
selfe shall choose, w^h all the conveniency the place can afford 
for a farme, though by the naturall bownds of the place, 
whether by creeks or otherwise, the vpland or meddow prove 
more then his proportion. 

It is ordred that Captayne Turner shall have his meddow 

6 vpland of his second devission vpon the west side of the great 
river, where himselfe shall choose for his best convejniencye, 
that he may the better atend the publique service in his mili- 
tary ofiice. 

It is ordered that jMr. Robert Newman and Mr. Mathew 
Gilbert the present deacons shall have their meddow and their 
vpland for their second devission, vpon the west side of the 
great river where themselues shall judg most convejnient for 



196 NEW HAVEN COLONY RECORDS. 

farmes neere tlie towne, that they may the better atend their 
office. 

It is ordered that tlie small lotts in those 5 quarters before 
named, who have their meddow on the east side of the mill 
river, shall have their second devission of vpland at the vtmost 
end of the first devission of Mr. Evances quarter, by some called 
the Yorkshire quarter, w'hout the 2 miles, beyond the west 
river, by lott. And that the rest of the plant's in the said 5 
quarters shall have their meddow by lott, Ijegining at the east 
side of the necke, on the west side of the great river, and so 
goe on in order to Mr. Batons farme at the brick kills, and 
then to beginne at the north side of Mr. Davenports farme on 
the east side of the river, and goe on to the vpper end, only 
whosoever by lott falls next any of the farmes before granted 
& setled, if he want any part of his due pportion when he 
Cometh to such a farme or grant, he is to take the rest where 
it next falls, though on the other side of the river. And such 
as by lott shall have their meddow to the seaward of Captayne 
Turn^s farme, shall have the vpland adjoyninge, towards their 
second devission, but if it fall short of their proportion they 
shall have the rest by lott among the small lotts, w'hout the 
2 mile beyond the west river at the end of Mr. Evances quar- 
ter. And the rest, whose meddowes falls to the northwards of 
Captayne Turners farme, shall have the vpland for their second 
dcAission betwixt the great river and the Mill River, lying as 
nearc their meddow as may Ijee, w'li refference to the former 
grants, and their neighbours convejniencye. 

Here followes the order wherin the planters fell by lott in 
the east meddowes. 

1. Mrs. Higginson, 15. David Yale, 

2. Mr. Atwater, 16. Mr. Fr. Brewster, 

3. Mr. Pococke, 17. Jeremy Dixon, 

4. Thomas Nash, 18. John Johnson, 

5. Jasper Crayne, 19. Mr. Mayers, 

6. Mr. Evance, 20. An elders lott, 

7. John Ponderson, 21. Mr. Owen Roe, 

8. Mr. Lucas, 22. Mr. Dermer, 

9. Thomas Fugill, 23. John Chapman, 

10. Edw. Wigglesworth, 24. Mr. Fr. Newman, 

11. Richard Perv, 25. Mr. Malbon, 

12. Mrs. Constable, 26. Mrs. Eldred, 

13. Mr. Brunwin, 27. Mr. Sam: Eaton, 

14. Mr. Marsliall, 28. Mr. Tench. 

It is ordered that the other 4 quarters, namely, Mr. Lam- 
bertons, the subburbs, Mr. Gregsons <fe Mr. Fowlers, shalhave 
the vpland for their second devission beyond the 2 mile from 



NEW HAVEN COLONY RECORDS. 197 

the towne, on the west side of the harbour, takeing in all the 
land to the seaward, w^hin Newhaven bownds towards Milford, 
and soe come rownd towards or vnto the land granted to the 
small lotts of the other 5 quarters, till they have their due 
proportion, only Mr. Goodyeare shall have the vpland for his 
second devission in a place w^h he hath chosen for a farme be- 
yond the west rocks, and Mr. Gregson shall have the vpland 
for his second devission on the east side of the harbour by the 
meddow called the solitary cove. 

Libertie is granted Mr. Crayne & Mr. Tuttle to inlardge 
their somes they had formerly put in for their estates, namely 
Mr. Crayne to 480', Mr. Tuttle to 450', & they agreed to pay 
rates to the towne accordingly, both for time past & time to 
come, & if they should remove, to sell only improvements, & 
what vpland they want in their first devission & in the necke, 
by consent & order it is to be supplyed vnto them in the second 
devission, acre for acre. It is also granted to Mr. Crayne, Mr. 
Tuttle & Mr. Linge, vppon their request, that they should 
have their meddowes & the vpland for their second devission 
in the way to Totokett, after Mr. Eatons farme is layd out, 
only Mr. Crayne is to have meddow & vpland for 180', the 
estate he first put in, betwixt the great river & the Mill river, 
among the 5 quarters as his lott falleth. 

Jeremy Dixon had also libertie to inlardg his some put in 
for estate to 800', payeing rates & receiveing land for any want 
in the first devission & necke as Mr. Crayne and Mr. Tuttle. 
[119] II It was ordered that Mr. James sometime & elder in 
the Bay, shall have Francis Parrotts lott in the quarter called 
Mr. Evance quarter, and for his greater conveyniencye shall 
have his meddow at the bottome of the necke. 

It is ordred that Timothy Baldwins lott in Mr. Fowlers 
quarter shalbe bought in l)y the towne & shall have land layd 
to it for 500' estate and for G heads or psons, & reserved for an 
elder, but the necke being layd out, what wants there, to be 
supplyed in the second devission. 

To prevent offence as much as may bee, & that all mens 
sperits be the better satisfied w'^h their allotments, it is ordered, 
that where the planters doe not fully agree among themselues 
in deviding their lands, all devissions gennerally, (the former 
grants excepted,) shalbe made by lott through the towne, both 
in vpland & meddow. 

Whereas part of the Neck hath bin formerly planted by sev- 
erall men for p'^sent necessitye or convejniencye, it is agreed & 
ordered, that henceforward it be wholy laid <fe vsed for pasture 
& dry cattle, and stinted according to each mans interest & 
propriety, wherein 12 acres is to be reckoned for a horse, 6 



198 NEW HAVEN COLONY RECORDS. 

acres for an oxe, 3 for a siere under 3 yeares old or not aboue 
2 yeares old, and 2 acres for a calfe. And that noe man put 
in any catle yearly before the time ordered for the yeare, nor 
before he hath given notice to the governo'" what cattle, & in 
what right he puts in, vnder the penal tye of 6<i a head each 
weeke, any time lesse then a weeke reckoned & paid for as a 
weeke. It is also ordered that the necke be fenced from the 
farmes above, and a strong gate made for carts & cattle to 
passe through, and sufficient gates at the bridge, that so cattle 
allowed may be kept in from straying, & others may be kept 
out, & that noe man breake any part of the said fence, or any 
gate, or leave any gate open, vnder such penalty as the month- 
ly court shall judge meete for each time. 

Yet if any of the quarters will fence in their owne propor- 
tion, & soe relinquish all right to the common pasture in the 
necke, they may at their propper chardge doe it, leaveing out 
all springs, though w^hin their proprietye, for the cattle to 
drinke at, and wheras there are certayne parcells of meddow 
adjoyning to the vpland in some parts of the necke, w'^h med- 
dow belongeth to some of the planters, and cannot be secured 
from the cattle w^hout a fence betwixt the vpland & the said 
meddow, it is ordered, that the treasurer out of the townes 
stock shall pay for halfe the said fence w^li alredy is or shalbe 
made betwixt the vpland & such meddow, but the fence being 
once made & paid for, according to this order, the severall 
owners of the meddow agreed, & it is ordered, that themselues, 
severally, shall ever after mayntayne the said fences, or beare 
what damadg befalls them in their meddow, & if any pertic- 
uler quarter or person shall resolue to fence in their propor- 
tions in the necke, they shall first pay to the treasurer their 
proportion of the foresaid generall chardge as it shalbe judged 
worth, before they beginne to fence. 

It is ordered that all such who are admitted planters into 
howselotts freely, but have had noe on.tland formerly allotted 
to them, they shall each of them have 6 acres of vpland to 
plant in for every single person, 8 acres for a man & his wife, 
wUi an acre added for euery child they have at present, w^h 
land is alreddy layd out for some of them at the further end of 
the great playne, in proportion as before, only a small adition 
was granted to William Davis to save him some chardge in 
fenceing, and more is to bee layd out for others there so farr as 
the land wUiin the fence will serve, & for the rest, their pro- 
portions shalbe layd out on the east side of the great river, 
betwixt Mr. Davenports farme & the Indian wigwams, in such 
forme as may be convejnient for them to fence & improve, and 
not prejudiciall to the towne, and Mr. Crayne & Mr. Tuttle 



NEW HAVEN COLONY RECORDS. 199 

were desired & appojnted to veiw & settle it, and it is ordered 
that all planters so admitted and holding land from the towne, 
shall pay yearely towards publique chardges 2^ for each acre, 
as other planters doe for the 2^ devission, & that the rates shal- 
beginne from the last of October, 1645, & so goe on by halfe 
yearly payments, and if any of them, satisfyed w^li their trades, 
or not likeing the place or their allotment, shall refusse or neg- 
lect to take vpp the land, yet every on admitted to be a planter 
as before, shall pay 12'^ sl yeare to the treasurer towards pub- 
lique chardges. 

Here followeth the names of those planters w^li their pro- 
portions whethei' at the further end of the great playne or on 
the east side of the great river or harbour. 

[Page 120 is blank.] 

[121] II For that some of considerable estates & tradeing doe 
live in the towne & have hitherto injoyed comfortable fruite 
of civill administrations & chardges, thomselues in the meane 
time haveing small or noe rates, it is ordered that hence for- 
ward all such slialbe rated from time to time as this court 
shall judge meete. And for the present Mrs. Stolion is ordred 
to pay after the rate of 20-^ a yeare to the treasurer, Mr. God- 
frey 20s a yeare, & Mr. Leech 40^ a yeare, all w^h are to be- 
ginne & to be reckoned from October, 1645. 

Wheras a certayne quantity of land, fit for a small planta- 
tion, hath bin purchased of the Indians at the chardge of New- 
haven, about 40 miles to the westward, towards Hudsons 
River, vppon a motion made of some of Wethersfeild, it is 
granted to them & their companny for a plantation, they repay- 
ing what chardges have bin expended, W^h amount vnto 
about 33^, & joyning in one jurisdiction in Newhaven, vppon 
certayne considerations then propownded, but since perfected, 
in a fundamental agreement setled for this jurisdiction in 
Octob'', 1643, as by that record more perticulerly may appeare, 
& vppon their desire that plantation is called Stamford. 

Monunkatuck, formerly purchased & planted by Mr. Whit- 
feild & his company, was also admitted into this jurisdiction, 
vppon the same fundamentall agreement as Stamford, & 
vppon their desire that plantation called Guilford. 

Milford, a neighbour plantation to the westward, was also 
admitted into this jurisdiction vppon the same fundamentall 
agreement in Octob'', 1643. 

Totoket, a place fit for a small plantation, betwixt New- 
hauen & Guilford, & purchased from the Indians, was granted 



200 NEW HAVEN COLONY RECORDS. 

to Mr. Swayne & some others of Weathersfeild, they repaying 
the chardge, w=h is betwixt 12 & 13', & joyning in one juris- 
diction w'h NcAvhaven <fe the forenamed plantations, vppon the 
same fimdamentall agreement setled in Octob% 1648, wh 
they, duely considering, rcadjlye accepted. 

Whereas severall ycares since a tryall was made of setling 
a confoederation or consociation betwixt the Massachiisets & 
Connecticott, but at time w^hout successe, vppon a late over- 
ture w'li hopes of a more comfortable issue, Mr, Eaton & 
Mr. Gregson were deputed & fully authorised to treate w*h 
the commissioners of the Massachusetts, New Plimouth <fe 
Connecticut, to settle a generall combination, (if it shall 
please God to blesse their indeavours,) that the civill peace 
wUiin these 4 collonyes may be the better secured, w^iout any 
impeachment of sperituall priveledges. At their returne they 
acquaynted both this court & the deputies for the jurisdiction 
w'h the successe of the treatye, and the articles of confcedera- 
tion, agreed & concluded vppon at Boston the 19'^ of May, 
1643, and after aproued & ratified by the generall court of 
New Plimouth were read, & by generall consent confirmed, 
and the Secretary was ordered to enter them as a recorde, 
vppon all occassions & in all perticulers to be duely observed in 
future times, & vppon serjous consideration of the nature of 
this trust it was ordered that the commission«'s for this juris- 
diction be yearly chosen by the vote of all the free burgesses, 
at tlie election court, and that they be furnished w^h a comis- 
sion in the name of the gennerall jui-isdiction court yearly, for 
manadging all affajres belonging to the collonyes thus com- 
bined, in phrase or words agreed by the commissiono''s. 

It is ordered that noe planter, inhabitant or sojourner, w^hin 
o"" belonging to this towne, nor any vnder or for them, shall 
either directly or indirectly, purchase any plantation or land, 
more or lesse, of any Indian, Indians or others, or receive it 
by way of gift, or vppon any other termes, for their owne pri- 
vate vse or advantadge, wUiout expresse allowance or liberty, 
to be granted & entred in & at some one of the monthly 
courts, vnder the penalty of the losse & forfeiture of his & their 
so acquired right, title & interest, to the towne, and such fur- 
ther fine as the monthly court, vpon cosideration of the offence, 
shall see cause to impose. 

It is ordered that none lopp, fell, cutt downe, or cause to be 
lopped, felled or cut downe, any tree, vppon any occassion, for 
any vse, vppon any common w'hin 2 miles of any part of the 
towne, w'hout speciall lisence from the governour or magis- 
trates of Newhaven (of w^h lisence the governour or magis- 
trates to keepe a booke or memoriall, to prevent mistaks,) 



NEW HAVEN COLONY RECORDS. 201 

vnder the penalty of looseing all his labour, about euery such 
tree, leaveing it wholy to the towne, & paying besides on 
shilling as a line for each tree so cutt, but if he carry away the 
tree or any part of itt w^liout leave, he shall pay such further 
fine as the court shall judge meete. 

And that none vnder the same penalties barke or cause to 
be barked any trees whether for tanning, dying or other vse, 
w'hout order & appojntment of Serjeant Andrewes, Serjeant 
Jeffrejes, Sarjent Munson & Corporall Whithead, who are to 
consider where the tann^s, dyers or others, may conveyniently 
gett barke w^h least damadge to the pulilique. And if any 
man cutt, bark, lopp or fell any tree w^hin the proprjety or 
allotment of any planter w'hout leave, he shall pay damadg to 
the owner, according to the course of justice. 
[122] II It is ordered that the magistrates, elders & deacons, 
shall henceforward have the disposeing of all howselotts not 
yet granted, wUi the outward accomodations therevnto apper- 
tayning, to such person or persons as they shall judge meete 
for the good of the plantation, & that none be received as a 
planter, either Ijy admission or purchase, w'^hout their consent 
or allowance, & that noe planter or proprietor sell or let any 
howse or land to any stranger or other not before a planter, 
either by lease or otherwise, wUiout the approbation & consent 
of those before mentioned & intrusted, & all bargaynes, &c. 
not agreeing w^h this order to be voide. 

It is ordered that every male from 16 to (30 yeares of age 
who shall dwell or sojourne w^hin this plantation, or any part 
of the boAvnds & limitts of it for a month together, shall)0 & 
continew at all times compleatly furnished w'h amies, viz'' a 
good serviceable gunne, a good sword, bandeleeres, a rest, all 
to be allowed by the military officers, one pownd of good gun 
powder, fower pownd of bullets, either fitted for his gunne or 
pistoll bulletts, wUi fower faddome of match fit for service w^h 
every match locke, & 1 or 5 good flints fitted for every firelock 
peece, all in good order & ready for any suddayne occassion, 
service or veiw, vnder the pcnaltic of 10^ fine, to be paid by or 
for euery person, so oft as lie shalbe fownd defective & faulty; 
each master or governour paying not only for himselfe, but for 
all such as are vnder his chardge, for whome he should pro- 
vide, & others to pay for themselues. It is further ordered 
that the captayne, (besides occassionall & extraordynary 
veiwes,) give order once every quarter of a yeare at least to 
the millitary oficers, that they take a stryckt veiw of all tlic 
armes belonging to the towne, that they may see & report that 
every male from 16 to 60 be furnished as before mentioned, 
vnder the penalty of 40^ fine if he neglect to give order, & that 
26 



202 NEW HAVEN COLONY RECORDS. 

the military officers doe accordingly take the said veiw vnder 
the penalty of 40% to be levyed of them as the court vppon ex- 
amjnation shall find cause, & that a due returne of all defects 
be made to the captayne & by him or the clarkc at his ap- 
poyntment, vnder the penalty afforesaid, to the court, that the 
fines may be duely gathered & that each of those veiw dayes 
be so published & made knowne, that euery one may bring his 
compleate amies, powder, shott, etc. as before exprest, to the 
place & at the time a]>poynted, vnder the penal tye of 10^ fine 
as if not furnished, the monthly court to judge of the differ- 
ence of defects. 

It is ordered that there be henceforward six gennerall 
traynings every yeare, viz'^, the first Munday in Aprill, the 
first Munday in May, the first Munday in June, September, 
October and November. But if any of these dayes prone 
raynye, so that the service cannot be carrjed on to satisfaction, 
it shalbe supplyed the next following second day w<^h proues 
fayre, or if the governour & magistrates vppon any publique 
respects see cause to put of the trayning on any of the dayes 
before named, though proueing faire, adviseing w'h the cheife 
military officers, it shalbe carryed on in some other fit season 
as they shall appoynte ; on every of wch trayning dayes before 
expressed, all & every of the males w'hin, or belonging to this 
plantation, from 16 to 60 yeares of age, not exempted by the 
place or office they hold, or vppon some other respect dispensed 
w'h l)y the generall court, shall diligently atend the militar\^ 
nurture & exercises, that they may learne the better to handle 
& vse their amies, reddyly vnderstand & obey the words of 
command, & be generally fitted for all military service as occa- 
ssion may require. And whosoever shall totally absent on any 
of those appoynted trayning dayes, or shall dept w'hout leave 
befor the company brcake vpp, or shall not be furnished w*h 
compleat amies for traynings shall pay 5^ fine. And whoso- 
ever shall come late after the second drunic hath left Ideat- 
ing, his name being so returned, he shall pay one shilling fine. 
But if any man come late, & shew not himselfe to the clarke 
that he may enter his appearance such as it is, it shalbe 
chardged as totall absence, and he shall pay accordingly. 

And for the incouradgment of military officers and company, 
it is ordered and granted that all the fines for absence & late 
comming, whether on the generall trayninge dayes or on the 
squadron dayes of trayning hereafter mentioned shall wholy 
goe to them, to be disposed by the military officers in powder 
& shott, &c, that they may set vpp marks to shoote at, or may 
furnish themselucs for their military exercises, that the service 
may be more comfortably carryed on, & yet, if there be cause, 



NEW HAVEN COLONY RECORDS. 203 

the court will give all just assistance in the levying of them, 
and for other miscarrjadges as stubornes, contempt or neglect 
of the officers in their directions or due commands, quarrell- 
ing, fighting, disorderly talkeing, bringing & shooting of 
peeces w'h bullets or shott, & all other misdemeanours, a fine 
to be paid to the towne by each offendor according to the na- 
ture of his fault, as the court vppon chardge & proofe shall 
judge meete. But in all publique traynings, liberty is granted 
[123] that at every || farme howse one man may stay at 
home to atend occasions & prevent dangers, but all the rest 
shall trayne, shew arnics, and be subject to all the former 
orders & penalties. 

Wheras there are 4 serjents & 4 corporalls chosen & ap- 
poynted for the millitary service & accordingly the plantation 
is devided into 4 squadrons, it is ordred that one of the squad- 
rons in their course come constantly to the meeting howse to 
the publique worshipps of God, both every Lords day & on 
other dayes ordynary & extraordjnary, & be there at o^" before 
the second drume hath left beatinge w'h there armes com- 
pleate, there guns ready chardged w'h a fit proportion of 
match for match locks & flints ready fitted in their firelock 
peeces & shott & powder for 5 or G chardges at least, there to 
attend the publique service and safty as the officers shall ap- 
poynt, vndcr the penaltie of five shillings fine for neglect, o^ 
defect of furniture, & one shilling fine for late comminge. 
The sentinells also, & they that walke the rownd in their 
course, shall dilligently atend their trust & duty, & shall have 
their matches lighted dureing the time of meeteing, if the 
serve wUi matchlock peeces, vnder the penalty of 4^ fine ; and 
the Serjeants duely to returne the names of all such as fayle & 
transgresse this order, vnder such penalty as the court shall 
se cause. And according to the course already begunne, that 
squadron w^h is to bring armes the following Sal:)oth shalbring 
armes the lecture day or any other extraordynary day of 
sollemne worshipp immediatly before, if they come to the lec- 
ture, &c. 

All the former fines to be moderated as the court se cause. 

The court considering how necessary it is in times of peace 
to prepare for warre, & accordingly to fit & trayne vp men by 
degrees to all military service & skill, besides the generall 
traynings & certayne squadron traynings hereafter mentioned, 
gave liberty and incouradgment to beginne an artilery com- 
pany, & to add to it from time to time, such as out of the 
trayned bands, or others being free & fit, shall offer them- 
sehies therevnto.^ And it was granted to the said company 
that they may cliuse their owne officers yearly & setle their 



204 NEW HAVEN COLONY RECORDS. 

owne orders, presenting both officers & orders from time to 
time to the general! court for approbation & confirmation, 
provided tliat tliey order tlieir times of meeting & exercise 
w^^li due respect to the occassions & convejniency of the towne, 
and perticulerly that the traynings be not hindered. And it is 
further granted that all such who are admitted into the artil- 
lery company, while they atcnd & improve those meeteings 
shalbe freed from the squadron traynings (hereafter ordered,) 
if they be not officers who are to exersise others, <fe according- 
ly an artilery company was begune, the officers & orders were 
presented to, & approued & confirmed l)y the generall court 
M'ch 31, 1(345. 

The orders allowed for the artilery company are inserted 
page 99, thcrfore here omitted. 

And whereas, by reason of the artilery company, the num- 
])er for the squadrons wilbe lessned, it is ordered that hence- 
forward, two squadrons joyne in one boddy, & that the 4 Ser- 
jeants w^h their respective corporalls exercise them thus 
joyned in their course, about a fortnight before each generall 
trayninge, but on the last day of the weeke in the afternoone, 
& whosoever shall come late to any of these squadron trayn- 
ings, namely after the second drume hath left beating, he shall 
pay 6^ fine. And whosoever shalbe totally absent, 2^ 6"^ to 
the company, as in the gennerall traynings. And for all other 
miscarriadges in this service, the fine to be judged in the 
monthly court. 

It is ordered that a constant & strickt watch shalbe kept 
every night in this plantation, from the first of M^ch to the 
last of October every yeare ordynaryly, leaveing extraordynary 
cases, either of mildnes or sharpncs of weather or times of 
danger to the governour & magistrates, who may remit or 
continew the watch longer, or increase & order them as sea- 
sons & occassions may require. But in the ordynary course, 
the watch is every night to consist of one intrusted as ma'' of 
the watch, (who is diligently to attend <fe observe all the orders 
made by this court for the watch while they stand in force,) & 
of six other watchmen. This watchm'' is to be appojnted 
yearly, & the six watchmen to be sorted as may be most con- 
vejnient in respect of their dwellings, by the captayne w4i 
approbation of the magistrates. But if by death, remove or 
any other occassion, after the Avatches are setled in their 
course for the yeare, a breach he made, & so cause of an alter- 
ation, the captayne shall w^h all conveinient speede, order & 
setle them agayne, so as may may be most convejnient for the 
towne, and shall give seasonable warning to all the watch- 
masters whom it concerncth, that the service may goe on 



NEW HAVEN COLONY RECORDS. 



255 



[12-1] w'^hoiit interruption || or disorder, & in times of dan- 
ger, whether from Indians or otliers, as the townes watch may- 
be increased, soe to prevent mischeife tliere may be cause to 
watcli abroad, it is therforc ordered, tliat in sucli times, the 
farmes be free from watcliings in the towne, provided they 
lieep a dilligent watcli at y^ farmes. 

The present orders <fe penalties are as followeth. 

It is ordered that when vppon any occassion an allarnm 
shal hereafter be made wUiin this plantation, both the millita- 
ry officers & every trayncd souldier shall forthw'h repaire to 
the meeting liowse w*h their compleate amies & all furniture 
for present service, & shall not spend time & hazard the pub- 
lique safty by attending their owne private respects and affec- 
tions, vnder the penalty of ^ , except only in the case 
of some present assault made vppon or neere the place where 
he or they were, or at least some discouery of Indians, or 
others knowne or suspected to be enjmies, &, cominge thith- 
erward in a hostile manner. And when there shalbe cause to 
send out any company of souldiers, cither to keepe of danger 
or enemjes, repaire or recover any losse, or in any just warre, 
whether offensive or defensive, whosoever shalbe appoynted 
cfe called to such service, whether officer or trayned souldiers, 
liy the governour, magistrates, or others to whome trust and 
l)Owcr is committed in such cases, he & they shall forthwith 
attend the call, & goe vppon the service according to direction, 
w'liout dispute or gaynsayinge. And whosoever shall refusse, 
or by questions & scruples delay & hinder the service, or dis- 
couradge others, shalbee proceeded agajnst by imprisonment 
& such further punishment as the nature of his contempt and 
miscarriadg shall require. And whosoever shall refusse his 
boate or vessell, his teame or horse, his amies or any part of 
it, offensive or deffensive, or any provission for the pul)lique 
service, vppon just consideration & allowance to be aftcwards 
made for the same, (wli in like manner shalbe observed to 
the men sent forth,) shalbe so proceeded agajnst by the au- 
thority settled in & for the plantacon as that the contempt & 
miscarriadge bee duely punished in the offender, & the like 
disorder prevented or supprest in others for the future, that 
the publike receive no damadge by the folly and stubbornnes 
of perticuler men. 

To prevent much inconveniencie & danger w^h may grow, it 
is ordered that whosoever shall shoote any bullet, bulletts, or 
small shott in the towne, or w*liin a quarter of a mile of the 
towne w'liout a sufficient & just call, w'^li the monthly court 
will judge, shall pay 5** fine for every such default, liesides due 
satisfaction for what hurt or damadge may arise thereby. 



206 NEW HAVEN COLONY RECORDS. 

It is ordered that whosoever shall furnish any Indian 
directly or indirectly either wMi any gunne, greate or small, 
}>y what name soever called or w'h any sAvord, dagger, rapier 
or the blade of any of them, arrow head, or other Aveapon or 
instrument for warr, or wUi any powder or shott of what name 
or seize soever, or shall mend any gunne for an Indian, w^hout 
expresse order from the governour or comissioners for the col- 
lonye in wrightinge, shall pay either 5' fine, or twenty for one, 
according to the nature and importance of the offence as the 
court shall judge meete. 

The court scrjously consideringe how husbandry may be 
carrjed on w'h due incouradgmt in this plantation, thought it 
meete that the quarters severally or two or more of them 
joyntly as they shall agree, should fence in such parcells of 
arable or plantinge land as might best suite their occassions, & 
ordered that in any such case, every planter, or whosocA'er 
holds land Av'hin such a compasse soe to be fenced, doe attend 
the publique good in carrying on his part & proportion of such 
fenceinge in due time, that his neighbo''s receive noe damadge 
through his default, nor may the innability, negligence or 
stubbornenes of any one or more perticuler men hinder a 
generall advantadge in improvement of land in any quarter or 
quarters, hoAvselotts or abroad, when the major pte agree to 
fence. But vppon complaynte, the monthly court to settle 
the best course & order they can, soe tendreing each perticuler 
planter that the publique receive noe damadge, & because in 
some of the quarters there are lotts vacant, not yet disposed, 
it is ordered that till they be filled, the quarters themsclues 
fence them or procure workmen to doe it, and the chardges 
shalbe payed by the treasurer out of the townes stocke, both 
for the present in setting vpp the just pportion of fence for 
each such lott, & hereafter in repairing the same when there 
shalbe cause, provided that the quarters in the W^h such lotts 
are, beare all damadge if the said fences or any of them be not 
either made or repajred in due season, and that henccforwd 
before the treasurer pay for any such fence makeinge or re- 
])ajreing, the quarter give notice for what perticiiler lott it is, 
that soe the treasurer may keepe account of the chardges. 
[125] II Each quarter in w^h any such lott is shall also see 
that the fence in strength & goodnes answer that order of 
court made May the 5^'', 1641, and for their helpe herein, 
brother Andrewes and brother Munson are appoynted veiwers 
for the towne, to see & certifie the treasurer how they find 
such fences, Avhether sufficient or not. If defective they are 
to judge of the worth w'h respect to that order, and the quar- 



NEW HAVEN COLONY RECOKDS. 207 

ters or workmen to receive payment or to make abatement 
accordingly. 

And for that in such common inclosures, sever all workmen 
for their present ease are apt to make slight fences, <fe fences 
well made at first in time decay, wh may bring much 
damadge vppon them that plant, it is ordered that each quar- 
ter or quarters so joyning in a common feild, shall yearly ap- 
poynt 2 committees or veiwers from among themselues, who 
some one day in the first full weeke of every month shall 
dilligently veiw & ol^serve, & shall set marks vppon all such 
fences or parts of fences as are defective, & acquajnt the own- 
ers, (or the quarters if it belong to some absent lott,) there w^i, 
calling vppon them to get them forthw^li mended, remmem- 
bring them that what damadge befalls the quarter or any 
planter till such fence or fences be sufficiently mended, they 
are to make it good, vnlesse they cann clearly prove that the 
damadge, or part of it, came some other way, w^h wilbe justly 
considered. And the perticuler planters whose fences are 
fownd defective, shall from time to time pay the veiwers for 
their paynes in this service ; but if noe fences be fownd defect- 
ive, or none but for absent lotts, then the quarter or quarters 
to pay them according to their different proportion of fence 
about each such inclosure, the towne for the absent lotts to be 
wholy freed from all chardg towards these veiwers. But in 
any of them, the fence being well made at first, & so reported 
to the treasurer by the townes veiwers appoynted for that ser- 
vice, or an abatem* made to the treasurer according to the 
defect, if the quarter cannot get them otherwise mended, their 
veiwers afforesaid may presse men to doe it, and the treasurer, 
out of the townes stocke shall pay for the worke. And for 
that some of the veiwers yearly appoynted may not know each 
mans fence at first, in such case they are to acquajnt the 
quarters, famjlies, or persons to whom any part of the said 
fence belongeth, what day they intend their first veiw, that 
euery one whome it concerneth may goe or send to shew their 
fences, and to marke them at both ends, that the veiwers may 
know what belongeth to each absent lott, and what to each 
present planter, and if any vppon due warning shall neglect to 
goe or send, he shall pay 2* fine ; and if the veiwers shall neg- 
lect to veiw at the times appoynted, or duely to observe & 
marke the defects, or seasonably to call vppon them whom it 
concerneth to amend them, they shall pay each of them five 
shillings every month for any such default. 

And whosoever shall put any cattle w^hout a keeper, wheth- 
er by day or by night, into any such inclosure, w'hout a joynt 
consent & expresse agreement made by the quarter or quar- 



208 NEW HAVEN COLONY RECORDS. 

ters interessed, he shall pay 6*^ a head, one halfe to the towne, 
and the other halfe to the informer vppon due proofs, <fe shall 
besides pay the ful damadge where it shalbe due. If he put 
them in w^h a keeper, he shall pay all due damadge to the 
partie, w^li growes either by the vnrulynes of cattle, or through 
the keepers neglect, only he may abate out of the wages of any 
servant or hired man, or by other just mcanes require repara- 
tion for what he paycth through their default & miscarriadge ; 
and whosoever passeth through a gate, whether a common 
gate or other gate leading into a common feild where corne is 
planted or sowen, & leaveth it open, or not well & sufficiently 
shutt, he shall pay 5^ fine, the one halfe to the towne, the 
other halfe to the informer vppon due proofs & shall besides 
pay all damadge to the quarter or partie w^li shall come by 
such miscariadge, parents or governours answering for chil- 
dren & servants, though it be after abated out of servants 
wages, or otherwise as before expressed. 

And for that the fences belonging to the towne are gener- 
ally weake & decaying more & more, & by the best & joynt 
care of the owners <fe veiwers hardly now to be repaired & 
majntajned strong & sufficient to keepe out swine of all sorts, 
and these small rivers are fownd noe fences agaynst swinne 
wh swimme over daylye, and by them much damadg is don 
every yeare, both in corne feilds <fe meddowes, manny com- 
plajnts are made & much contention ariseth, to prevent all 
w^h inconveiniencyes, (if it may bee,) it is thought commodi- 
ous & necessarie that the quarters or planters consider & joyne 
as they may to haunt, heard & keepe, their swine abroad at 
sufficient distances from all corne feilds & meddowes Ijelong- 
[126] inge || to any planter, whether in the towne or at the 
farmes. And it is concluded & ordered that what swine soever, 
greater or smaller, shall after the 23''! March, 1645, be fownd 
either vnyoaked or vnrungc or both in any corne feild or med- 
dow as before, the owners of them shall pay 6^ a head to the 
informer vppon proofo, & if they be brought to the pownd, he 
shall pay a peny a head more to the powndcr for impownding 
them, and the owner of them besides, pay the full damadge, 
whether in corne or meddow to him agajnst whom the tres- 
passe is comitted, as it shalljc prised by indifferent men, w'^h 
course & care to keepe swine at a distance may also ])revent 
much damadg & offence betwixt the English & the Indians, 
w^h ariseth oft by our trespassinge vppon their corne, & their 
killing our swinne. 

And for that it is fownd by experience that goates being left 
carlesly cither l)y the owners or keepers in the m'ket place, 
streates or high-waycs in or about the towne, climb over, or 



NEW HAVEN COLONY RECORDS, 209 

some way get into mens howse lotts, orchards or gardens, & 
in a short time by barkeing of trees or otherwise doe much 
damadge note easily repayred, it is ordered, that whatever 
goates are hereafter fownd w^iout a keeper in any place in or 
neare about the towne, save w^hin the owners howses or howse 
lotts, the owner shall pay 6^' a head for each such default, 
halfe to the towne & halfe to the informer vppon due proofe. 
And if they or any of them be l^rought to the pownd, the 
owner shall pay a penny a head more for impownding them, 
and if the pownder drive any of them to to the pownd, he is to 
have -Ifi a head for the service, & the towne S'^ a head for the 
disorder. Besides w^h the owner shall pay full damages for 
whateuer hurt they doe in any mans propriety whether to 
trees or otherwise, as it shalbe prized by indifferent men ; But 
in all the former cases the owner may recover from the keeper, 
as his chardge <fe damadge growes through his default. 

The court being informed that the comons are over bur- 
dened, & that the plantation in gencrall suffers by over great 
quantities both of greater cattell & swine, kept by such as have 
least right, as by noats from most of the quarters now brought 
in appeareth, desired that men would seasonably regulate & 
moderate themselues, otherwise the court, according to rules 
of righteousnesse & prudence must provide for the publique 
good. 

It is ordered that the clay-pitts on the north side of the 
towne, W^h lye w'hin the first devission of vpland to Mr. New- 
mans quarter, be reserved from being any mans propriety, & 
kept as a common for the vse of the towne, and a conveinient 
high way left to it for carts to passe to & froe. Only it is 
granted to Mr. Davenport, that if he shall thinke fit to remove 
liis fence from that side of his lott, lying by the way to the 
clay-pitts, to the other side by the Mill highway, he may fence 
crosse the way to the clay-pitts, makeing a gate & hanging a 
lock vppon it, the key to be still left at Goodman Coopers 
howse, that vppon all occassions it may be ready for them that 
fetch clay. And it is further granted to Mr. Davenport, that 
when the lott at first reserved for Mr. Roe comes to be fenced 
in, if he desire it, he shall have a way or passadge of 8 foot 
broad left betwixt that lott & Mr. Craynes, that he may goe 
out of his owne garden to the meeting howse. 

It is ordered that those intrusted for the townes affaires, 
when they se cause may lay out both vpland and meddow for 
the conveiniency & incouradgment of him that shall keepe an 
inne or ordynary for strangers, in the meane time, it is grant- 
ed to W™ Andrewes who at present carrieth on that imploye- 
ment, that hee may fence in twenty acres of vpland at the 
27 



210 NEW HAVEN COLONY RECORDS. 

hither end of the plaines, adjoyiiing to Mr. Francis Newmans 
lott, to put in strangers horses as there shalbe occassion, pro- 
vided that if he either dye or give over keepeing the inne the 
said hind shall immedjatly goc to him that succeeds in that 
imployment for the vse afforesaid, he makeing just allowance 
towards tlie chardg in fenceing, if by the hire & benifit of 
strangers horses, tlie said W'" Andrewes have not bin duely 
satisfied in the interim. 

A foote bridge formerly made over the Mill lliver into the 
Necke being much decayed was for the present repajred, but 
w'hall it is ordered that a cart bridge over that river, & another 
over the West River, w^i sulificient causeies to them both, be 
forthw^h made & kept in repairc from time to time at the 
publique chardge, when private ingadgements are out. 
[127] II And it is further ordered that after those two 
bridges are finished w'h the first convcniencye a cart bridge 
be also made over the East River, only it is relTerred to further 
consideracon whether the townc will bcare the whole chardge 
of such a l)ridg, or only disburse 100' towards the building of 
it for the present, and repaii-e ct majntayne it when its built, 
and let the rest of the present chardges in building be borne 
by them that have lands onn the east side, & in consideration 
thereof grant them the full & sole liberty & proftit of all fish 
w^h by weares or otherwise may be taken at the said bridge. 

For the better trayning vpp of youth in this towne, that 
through Gods blessinge they may be fitted for publique ser- 
vice hereafter, either in church or comonweale, it is ordered, 
that a free schoole be sett vpp, & the magistrates w'h the 
teaching elders are intreated to consider what rules & orders 
are meete to l:)c observed <t what allowance may l)e convenient 
for the schoolema''s care & pajnes, w^'h shalbe paid out of the 
townes stockc. Accordhig to w^^li order, 20' a ycare was paid 
to Mr. Ezekiell Cheevers, the present schoolema'' for 2 or 3 
yeares at first, but that not proueing a competent majntenance, 
in August, 1644, it was inlardged to 80' a yeare & soe contin- 
eweth. 

A proposition made to the commission's at Hartford, A" 
1644, by Mr. Sheppard, pastour of the church at Cambridge 
in the Bay, for a free contribution out of these parts of a pecke 
of wheate or the vallew of it of every person whose hart is 
willing for an increase of majntenance to the coUedg there 
begunne, that children, (to what collony soeuer they belong,) 
being fit for learning, but their parents not able to beare the 
whole cliardge, might the better be trayned vpp for publique 
service, was considered and fully approued, and Mr. AtAvater 



NEW HAVEN COLONY RECORDS. 21 1 

& Goodman Davies were intreated for that first yeare to 
receive and collect it, that it may be sent accordingly. 

Whereas the gennerall court for this jurisdiction judging 
the season now fit, did see cause to joyne w-h Connecticott" in 
sending to procure a pattent from the Parliment for these 
parts, and for that purposse desired Mr. Gregson to vndertake 
the voiadge & buisincs, & agreed to furnish him w'h 200' out 
of this jurisdictio in good marchantable beaver,,of wh in pro- 
portion this towne should fnrnish about 110', it is ordred that 
Mr. Gregson, if there be cause, take vpp soe much, vppon such 
termes as he may, & it shalbe repaid out of the townes treasu- 
rie, w'h what allowance or consideration he shall agree for. 

That commerce may the better be carryed on betwixt man 
& man in these pts where monny is scarce, it is ordered that 
Spanish monny, called peeces of eight shall passe here as they 
doe in some other parts of the country, at 5^ apeece. And 
that Indian wompom shall passe, the white at 6 a penny, and 
tlie blacke at 3 a penny. And some men being at present 
loath to receive the blacke, it is ordered that in any payment 
vnder 20% halfe white & halfe l^lacke shall be accounted cur- 
rant pay, only if any question arise about the goodnes of the 
wampo, whether white or blacke, Mr. Goodyeare, if the parties 
repaire vnto him, is intreated to judge therin. 

That righteousnes & peace may be preserved, it is ordered 
that whosoever shall take any mans boate or cannow w'liout 
due leave shall pay 20-^ fine, & whosoever shall take any mans 
oares or padle, hand cart, whcele barrow, or any thing of like 
nature w^hout due leave, shall pay o® fine, w'h what further 
damadge in any of the cases the owner may susteyne by such 
an injurious practisse. 

And for that divers cannowes, some made by the English, 
some bought of the Indians, are altogether vnfit for the service 
to w^h they are vsually putt, & may prove dangerous to the 
lives of men, Mr. Crayne & Leiutennant Seely are by this 
court appoynted viewers, & are intreated forthwith, & soe 
from time to time hereafter, to veiw & seriously to cosider of 
all the cannoes liclonging to the English about this towne, 
(the owners bringing all & and every of the said cannowes to 

* This was in 1644, however in the records of Connecticut there is no mention made 
about joining with Xew Haven to procure a Patent, but May 13, 1645, the governor, 
the deputy governor, Mr. Feuwick, Mr. Whiting and Mr. Welles were desired to 
"agitate the busines concerning the enlardgment of the liberties of the patent fur this 
Jurisdiction," and July 9, 1645, Mr. Fenwick was desired to go to England to endeavor 
the enlargement of patent and to further other advantages for the countrj^ Trumb. 
Col. Rec. Conn. I. 126, 128. Mr. Fenwick did not go, and Mr. Gregson was lost on 
the voyage, in the famous phantom ship. 



212 NEW HAVEN COLONY RECORDS. 

such place as the said viewers shall appoyute, giveing them 
notice that they are there ready to be veiwed,) who are to 
marke all and every cannowe w^h they shall approve & judg 
meete for service, and whosoever shall henceforward hire out, 
lend or vse any cannowe not soe marked, for or in any passadg 
by watter, shall pay 20^ fine for every such default, besides 
what further damadge may grow thereby. 
[128] II Whereas much damadge & wast often growes by fire, 
& among other causes, the neglect of keeping chimneyes 
cleane may bring forth sadd effects, not only to the howse so 
neglected, but sometime to neighbours, it is ordered that every 
chimney in the towne in W^h fire is dayly kept shalbe well & 
duely swept once every month from September to March, & 
once every two monthes after, through the whole summer, & 
all other chimneyes lesse vsed, in due pportion, W^h worke & 
service, Goodman Cooper vndertooke in court, & by order is 
to have 4'' a time for sweeping every chimney that is two 
story es highor vpward, & 2*1 a time for sweepeing every chim- 
ney vnder two storyes high, to be duely paid Ijy all them that 
consent & agree that he shall sweepe their chimnejes, but if 
any will doe it themselues or vse any other in that service, he 
or they are to take care the thing be duely performed, accord- 
ing to the true and full scope & intent of this order ; And if 
Goodman Cooper come at any time after the month in winter 
or 2 monthes in summer, and find any chimney vnswept or ill 
swept & so not kept cleane according to this order, he is n\y- 
poynted to sweepe every such chimney well <fe to have double 
pay for his worke, & if any refusse, vppon complajnte, the 
monthly court to proceede as they judge meete for a contempt. 
And if Goodm" Cooper neglect duely to sweepe the chimnejs 
he vndertaks or any of them, he is to pay double for what he 
should receive for each chimney, as a fine for his default. 

It is ordered further that every howse w'hin this plantation 
shall have & contjnually keepe & mayntaine a ladder of a con- 
veinient height answering his howse, standing ready vpon all 
occassions to prevent or stop the hurt w^h may growe by fire 
either kindling or breaking out in any chimney or other vpper 
pt of the howse vnder the penalty of 5^ fine to be paid to the 
towne vpon eucry view or due complaintc of his neglect & 
default therin. 

It is further ordrcd that fire hooks shalbe made at the chardg 
of the towne, in such, to hang in some convenient place where 
they may bee kept drye & ready for the vse of the towne in 
such times of danger, & lastly it is ordered, that whosoever 
shall kindle any fire in his garden or any part of his howselott 
in or about this towne, whether to burne leaues, straw, stalks 



NEW HAVEN COLONY RECORDS. 213 

of corne, or any kind of rubbish whatsoever, he shall pay 40» 
fine to the towne for euery such default, notw^hstanding any 
excuse he can make of his care & attendance, the standing of 
the winde, or calmnes of the season. 

Whereas the frameing & setling of orders for regulating the 
affaires of the plantation is of weighty concernment & every 
member & planter hath liberty eith'' to vote or to offer light in 
any buisines propownded, & that noe man may p'tend ignor- 
ance in any order that concerns him, it is ordered that when 
a generall court, vpon any occassion shalbe summoned, who- 
soever makes not his due apearance, when his name is called, 
or befor the secretary hath done reading their names, he shall 
pay, every member of the court, 18'^, & every other planter, 
12'! fine. And after the names are read, whosoever shall de- 
part w'hout leave, while the court sits, shall pay the same fine, 
whether member of the court or other planter, as for late 
comming or totall absence. 

It is ordered that whosoever shall cut any tree where the 
spruce masts grow, w'hout leave from the governour or magis- 
trates, he shall pay 20^ fine for every such default. 

It is ordered that soe oft as any publique occassion shall 
require, whether for the mill or any bridge, cawsey, building, 
fence, highwayes, or other worke w*=h is of publique concerne- 
ment, or to be done vpon the publique chardge, in every or 
any such case, the governo'' or magistrates may on a trayning 
day send to the captayne for soe many fit men as the worke 
requires, or if the service fall, or may be well respited to 
another time when their is noe trayning, and that fit men on 
reasonable tearmes cannot be had otherwise, the governour or 
magistrates may put forth an act of authority, & for the pub- 
lique good presse men for the worke vppon just pay, & in every 
such case all private contracts & ingadgem'^s shalbe suspended 
till the publique service be pformed, & y" return to y full 
force as if y^ p''esse had not bin. 

[129] II AVhereas a considerable part of righteousncs betwixt 
buyer & seller consisteth in knowne, certayne & just weights 
& measures, and whereas a halfe bushell measure for a stand- 
art, (according to the agreement of the commissioners for the 
vnited collonyes,) is poured & l)rought from the Bay, it is 
ordered that all corne measures be exactly fitted & conformed 
therevnto, and Richard Miles, W'" Davies & Nicholas Elsy are 
intrusted & appojnted to veiw & try all measures vsed in buy- 
ing & selling corne by any of the planters, farmers, sojourn- 
ers, or others belonging to this towne & to fit them to the fore- 
mentioned standart, & then to marke them wUi the townes 
burnt marke MH • And for every bushell Wh they so fit & 



214 NEW HAVEN COLONY RECORDS. 

marke, they are to have 4'i of him to whome it belongs, & 2^ 
apeece, for every halfe bushell, pecke & halfe pecke, <fc 2'' for 
every busliell w^h they only marke & finding it fit doe not 
cut it. 

It is ordred also that a staudart be fitted for all waights <t 
other measures as ell, yard, quart, pinte & halfe pinte. And 
Richard Miles, Joshua Atwater & Nicholas Elsy are appoynted 
to inquire for just standarts, agreeing as neare as may be w^h 
London waights ct measures, and then to fit & marke as they 
may all the waights and measures vsed in the towne for buy- 
ino; & sellino'e to those standarts. And the treasurer is to 
allow them for their time in this service out of the townes 
stocke, & if any planter, farmer, sojourner or other, w*hin the 
limits of this plantation shall hxij or sell by any other then 
such tryed & allowed measures & weights, he or they shalbe 
punished as the monthly court, w^h respect to the nature & 
extent of the offence, shall judge meete. 

It is ordered that a convenient company & numljcr of pyks 
be provided at the townes chardge, that the military & artil- 
lery companyes may be trayned & exersised in the vse of them, 
but no man herby to be freed from providing & at all times 
continueing furnished w^li all other armes, powder & shott, as 
l)efore expressed, & that a chest be made in some conveinient 
place in tlie meeting howse, to keepe the said piks from warp- 
ing or other hurt or decayes. And Thomas ]\Iunson and the 
rest of the Serjeants vndertooke to have it done w^hout delay, 
and Mr. Peirce was appoynted to give out and lay vpp the 
piks from time to time, that they receive noe damadge be- 
twixt times of service, & in consideration hereof & of some 
bodjly wcaknes, he is at present freed ft-om traynings and 
allowed to provide a man to watch for him. 

It is ordered that when canvas & cotten woole may conven- 
iently be had, due notice & warninge shalbe given, <fc then 
every famyly w^iin the plantation shall accordingly provide, 
& after continew furnished w'^h a coate Avell made <fc soe quilt- 
ed wUi cotten Avoole as may be fit for service, & a comfortable 
defence agajnst Indian arrowes, and the tayloi's about the 
towne shall consider & advise how to make them, & take care 
that they be done w^iout vnnecessary delay. And whosoever 
shall transgresso this order shalbe fined to the towjie as the 
monthly court shall judge meete. 

It is ordered that the markett place be forthwith cleared & 
the wood carrycd to the watch-howse <fc their pyled foi' the vse 
<fc succour of the watch in cold weather, and the care of this 
buisines is committed to the fower Serjeants. 

It is ordered that whosoever findeth any thing lost w^li is of 



NEW HAVEN COLONY RECOEDS. 215 

vallew & fit to be restored to the owner, shall w^hin 3 dayes 
deliver it to the marshall who shall safly keepe the thing, but 
w^hall shall write it downe in some paper booke w*h the name 
of the person from wliom & the time when it came to his 
hands, & shall cry it twice onn the lecture dayes foUowinge. 
And, if their because, a third tune on a faire day, when the 
greatest concourse of people may be present & heare it. And 
the marshall shall have & receive from the owner, a penny a 
time for soe crying it. And he shall also write downe who 
challengeth & receiveth it. If it be a liveing creature of any 
kinde, the marshall shall have notice & shall cry & be paid as 
before, but he that findes it or w'h whose cattle of any kinde 
it falls in may keepe & feede it, that it be preserved, & the 
owner shall pay all just chardges for it. But if any man omit, 
neglect or refuse the scope & intent of this order, the monthly 
court shall proceede agaynst him as the fault requireth. 
[130] II Whereas divers hides have bin spoyled or much hurt 
by ill tanninge to the prejudice both of the owner & of him 
that shall weare or vse them, at first, (as Iiath liin alleadged,) 
for want of knowledge & experience of the nature of the barke 
or tanne of this country, but that beinge now so sufficiently 
knowen that every man that vndertakes or setts vp that im- 
ployment may seasonably informe himselfe, & therby prevent 
damadge both to himselfe & others. It is ordered that each 
tanner shall hereafter justly & fully allow ct pay for all de- 
fects & miscarriadges in his tanneing, according to the damadge 
proved, as in other trespasses w^h all due chardges if it come 
to publique try all. 

It is ordered that Mr. Crahie,JMr. Peirce, John Clarke & 
Henry Lindoll shall veiwe the meddowes called the Beaver 
ponds, & make report to the governour & the rest of the 
monthly court what they conceive concerning them, who vpon 
returne & rcporte, shall have power to dispose & proportion 
the said meddow as they judge meete, to such planters as 
being freely remitted into small lotts have hitherto had noe 
meddow granted by the towne, & to setle rates for them to 
pay according to each mans different proportion of meddoAV, 
& that w^h respect to time past & time to come, w'-h grant 
& order the planters affbresaid accepted, promiseing to pay 
rates accordingly, only if vppon tryall they find they cannot 
conveniently improve the said meddowes, they would forthwith 
returne them backe to he otherwise disposed l)y the towne. 

To prevent contention & much inconvenience w<^h may 
grow by secret promises, covents, deeds of bargaine & sale, 
mortgages & other alienations of land, it is ordred that a 
booke of entryes shalbe duely & fairly kept by the secretary, 



216 NEW HAVEN COLONY RECORDS. 

of all alienations, conveyances & assurances of what kind 
soever, whether of howses or lands l)elonging to this plantation, 
w'h such limits, extents & descriptions as may conveniently 
be done, and may vppon any question after, serve to cleare the 
agreement & bargaine, but noe entry to be made but by ex- 
presse order of court, & every such entry to bee accounted 
good a^ayrist according to the intent & nature of it, agajnst 
any former promise, covennant, bargaine, mortgage, deed of 
gift, or any convejance whatsoever not so entred, though all & 
every such promise or deede shall have its just force against 
every person or persons that made them, and against any other 
part of his or their estates. And before any such entry passe, 
the parties equally betwixt them, or one of them as they have 
agreed, shall pay downe to the treasurer for the townes ac- 
count, two shillings for the same. 

To suppresse vnnccessary contentions partly, 6c partly to 
ease publique chardges, it is ordered that each magistrate 
w'hin this plantation shall keepe a book of every warrant & 
attatchment given out by him, &, direct them all to the mar- 
shall, & that the marshall shall receive of the plaintiffe before 
he serve them, eight pence for each warrant «fe 1^ for each 
attatchment, of wch fees one third part slialbe for his paines 
in serveing them, over & aboue his sallery, the rest he shalbe 
accountable for as pte of his wages, & it is further ordered, 
that before any try all in court betwixt pty & par tie, the plain- 
tiffe pay to the treasurer for the townes vse, three shillings & 
fower pence, over & aboue the warrant or attatchment, all 
w^h chardges shalbe finally borne by the plaintiffe or defend- 
ant, or both of them, as the court shall judge meete. 

It is ordred that every one warned to the monthly court for 
transgressing any order of the generall court, & fownd an 
offendor, or being warned for fines or rates after they should 
have bin payd by the generall courts order, the same haveing 
bin first privatly demanded by the treasurer, m''shall, or any 
other officer o"^ psons appojnted for that purpose, shall pay to 
the m'' shall 4'^, and that every one vppon any occassion com- 
mitted to prison, besides other fees, chardges & attendance, 
(wch the court will order & judge) as the cause requireth, 
shall pay to the marshall for turninge the key one shillinge. 
[131] 11 It is ordered that a certayne quantity of planting 
land by the small lotts, on the east or southeast side of the 
towne, called the Oyster-shell feild, shall by the magistrates & 
deputyes be let out to such planters as neede & desire the 
same, for seaven yeares from a° 1641, at a moderate & due 
rent to be yearly paid to the treasurer, for the ease of publique 



NEW HAVEN COLONY RECORDS. 217 

chardges, wh was accordingly done, the rent from severall 
psons amounting to al)out tenn pownds a yeare. 

Uppon a due consideration of the trouble & hinderance w'-h 
sundry, both of this towne & other plantations find & vndergoe 
in getting over the East River, over wch as yet there there is 
noe bridge, it is thought mecte & ordered that a ferry be forth- 
with' setled, and as it may be continued for the ease of such as 
have occassion to passe that river to or from the towne, and 
that a shedd be made at the townes chardge, by the watter 
side, & 3 acres of planting land in the Oyster shell feild, wUi 
as much conveniency as may bee, be lajd out for the ferryman 
rent free, so long as this court shall judge meete, wth an 
abatement of rent, or some further allowance, (as the magis- 
trates and deputies shall see cause,) to Mr. Brunwing, who 
from the towne accoi'ding to the former order, rents that jDart 
of the Oystershell feild. And it is ordered that the ferryman, 
providing & maintayninge a lardg & serviceable cannow or 
boate fit for that service as the court shall appojnt, & giveing 
due & constant attendance aljout it every day fro sun riseing 
to sun setting, (Saboth dayes & times of solemne & publique 
worshipps excepted,) may demand & receive of every one he 
carrjeth or recarietli over the said river at the ferry place, two 
pence a time, if there be not aboue 3 passengers. If aboue 3: 
& not aboue 6, he may take three half pence a person, If 
aboue 6 to 8 o'" 9, the fare to be 9 pence, and for any greater 
number, a penny a person. And for the further incouradg- 
ment of the ferryman in this service, it is ordered, that if any 
belonging to this plantation shall transport any person or per- 
sons in any other boate or cannow in the ferry way, (his owne 
famyly or workfolks as their buisines & occassions require ex- 
cepted,) he shall pay to the ferryman a penny a pson for every 
one so transported, but the farmers on the east side are left 
free, either to vse their owne cannowes or boats, or to agree 
wth the ferryman as they can when they have neede. And 
Francis Browne vppon the considerations before expressed, 
accepted the service vppon tryall, and became ferryman for 
a yeare from the IGt'i of June, 1645. And after that either 
to continew or desist as the court and he shall see cause, and 
his man being lame & so not able to carry on the service at all 
times, he is left to his liberty to come to the generall traynings 
as the occassions of the ferry will permitt. 

Vppon the consideration of the hurt & mischeife w^h is like 
to arise & increase by woolues & foxes seizeing vppon sheepe, 
goates, swine and the smaller & Aveaker sort of great cattle, it 
was formerly ordered that 15^^ should be paid by the treasurer 
to every one that brings a woolfes head & 2^ 6*^ for every fox 
28 



218 NEW HAVEN COLONY RECORDS. 

head, but vppon a further debate, December the 8'^^ 1645, the 
court Ijcing informed that noc man attends this service as his 
imployment & busines, but improves opportunitie as he findes 
it occassionally, ordered that the treasurer henceforward pay 
only two pownd of powder & 4^ of bullets or sliott, or the val- 
lew thereof for every wolues head & one shilling for every old 
fox head, & sixe pence for every younge one, to such of this 
plantation as w'hin Newhaven limits kill & soe bring them. 

It was granted to Mr. Ijamberton that he might take in a 
peice of grownd for a yard to his cellar Ijy the west creeke, but 
the quantity & limits to be ordered by those that are intrusted 
to admitt planters & dispose of lotts, provided that he pay for 
the said grownd as they shall set the rate, and shall hereafter 
sell both that cellar & this yard thus granted to whom & when 
the court shall appoynte, and at reasonable price & vppon a 
[132] further proposition & request made since by || Mr. 
Lamberton, the magistrates & deputies w'h Mr. Craine ct 
Leiutennant Seely were desired to veiw a peece of grownd 
neare Mr. Lambertons howse, vppon the side of the East 
creeke for a wharfe & warehowsc, & if they judge it conven- 
ient, they may dispose of it to Mr. Lamberton, he either pay- 
ing the worth of it, or enjoying it for the present & hereafter 
parting with it to the towne at such rate as indifferent men 
shall judge meete, or vppon such other tearmes as they shall 
conceive tend to the publique good. 

W'" Pecke, haveing but halfe a small lott for a howselott, 
& therby much streightncd, desired an addition of twenty 
rodd of grownd over against his howse by the creeke for their 
further conveniency, wch on this condition was granted, that 
if the towne se cause at any time hereafter, for publique vse 
or respects to reasume it vppon allowance of such chardges as 
shall then bee judged meete, he shall resigne it. 

To prevent much sin & inconveniencie w^h may grow by 
disorderly mecteings & drinkeings, it is ordered that none of 
or belonging to this plantation shall cither directly or indi- 
rectly wUiin their bowses, cellers or other places, sell or 
deliver out any sort of wane or strong licquors by retayle, 
namely by pottles, quarts, pintes or the like, w^hout expresse 
lisence from this court, vnder such penalty & fine as the 
monthly court, vppon due consideration of the miscarriadge 
or contempt shall see cause to impose. And at present, W'" 
Andrewes and Georg Walker are allowed to drawe & sell by 
retayle, but w'h advice & order that they be carfull & circum- 
spect to wliom & what quantities they either deliver out or 
suffer to be druntik in their liowscs, or any place where they 



NEW HAVEN COLONY RECORDS. 219 

draw or have command, that disorder may be either prevented 
or observed & punished. 

Mr. Trowbridge his howsc for want of due & timely repaire 
falling more & more into decay, the court thought fit, for the 
advantadge of the credito's as shalbe hereafter ordered by the 
court of magistrates, to sell it to Mr. Evance vppon such con- 
siderations as are expressed in a wrighteing & agreement about 
it, but herevppon Mr. Evance propownded and desired the 
court to grant him the cellar formerly belonginge to Mr. 
Trowbridge before his howse lott, Ijut not w*liin the compass 
of it, w'li some small inlardgement to build a ware howse 
vppon, which was granted, provided tliat in the whole it ex- 
ccede not twenty foote square. . . F ". . . . 



F: 1645. 



1645] new haven colony records. 221 

[133] At a Generall Court held att Newhaven the 
16o March 1645. 

The last generall court held February 23*^ was now read 
& confirmed, only in that order about Thomas Fugills second 
devission, it was neither granted nor propownded that Mr. 
Gibbard should consider of any exchange of land or other 
course for such overplus as should be fownd taken in by him 
vnrighteously ; this was looked vpon as a miscarriadge & 
vnfaithfulnes in his place, that w'hout warrant he should 
frame & pen an order for his owne advantadge, & he there- 
vpon in court presently blotted out those lynes. 

John Brocket haveing, according to the last courts order, 
surveyed the land fenced in by Thomas Fugill for his second 
devission & measured how farr it lyeth from the towne, a 
report was made to the court that it is about 2 miles from the 
center of the towne, yet so that f parts of an acre, or 60 
rods of the land inclosed, is w'^hin that distance, w^h is 
expresely contrary to order, as it was granted and should 
have bin entred ; but by survey it appears that instead of 24 
acres, his full proportion for that second devission, he hath 
taken in 52 acres & 13 rodd. Being asked what warrant or 
grownd he had so don, he confest his fault in fenceing it in 
without a surveyor, & his sinfull miscarriadge in takeing in a 
quantity soe farr above his proportion, l)ut liy way of excusse 
alleadged, that his grant being for clcare land, it would have 
bin very chardgable had he not carrycd his fence to the.rocke. 
He was told he had taken in aboue 28 acres of cleare land, 
hath gon over the river for part of it, W^h. he should not have 
done, <fe hath taken in neare 24 acres of wooddy & hilly land ; 
w^h if it had eased him in fenceing, w^hout a grant from the 
court he ought not to have don ; but by the plott it appeareth 
he might have taken in 24 acres w^h lesse fenceing then these 
52 acres require, though the rocks, soe farre as they reach, 
serve for a fence, and if the place would not have afforded 
24 acres of land fully cleare, he must have taken it as it 
falls, his proportion & grant being noe more, and though he 
vnderstood that some of the church and probably some of the 



222 NEW HAVEN COLONY RECORDS. [1645 

towne, were oflfended at this his vnjust course, yet in some 
yeares lie had neither procured a survey nor advized w^h the 
court about it though from time to time he had sufficient 
oppertuuitie. 

This being considered was fownd and judged a publique 
vnrighteousnes, & so a publique offence & scandall, wch may 
not passe w^hout due censure, It was rcmem- remembrcd that 
when Thomas Robinson, one that is noe planter, for rcmove- 
ing some land marks in an vnrighteous way for his present 
advantadgc in the grass then to be cutt, though he could not 
hold nor get the inherritance, had bin latly fined 40^ in court, 
Mr. Wackman & Leiutennant Seely were therfore desired to 
advize wUi the magistrates and deputies whether this offence 
be not more proper for the court of magistrates then for New- 
haven monthly court, and onn the townes behalfe they were 
ordered to prosecute accordinglie. 

But the court was further informed, that besides the for- 
mer vnrighteousnes in the quantity of land, a small part lying 
w^hin 2 miles, he had severall wayes offended & falsified 
orders ; in entring this order made November the 29^^ 1641, 
the grant in the substance was this, that he should have his 
second devission of the clearc grownd by the Avest rocke, pro- 
vided it were not w'^hin the 2 mile nor granted to any other, 
& by sundry in court it was remmembred that he was bownded 
& limitted w^ti^ii^^ 2 rivers ; but in his booke of noatcs then 
taken in court, lie hath left out the 2 mile, hath mentioned 
nothing of the rivers and hath added (or so much as he 
desires), of w^h clause he can give noe satisfying reason ; it 
was neither by him so propownded, nor was it any part of 
the courts order. And as whereas besides his booke of noats, 
Ijcfore mentioned, he keepes two other books, wherof the lat- 
ter is to be a faire and lasting recorde, besides the former 
materyall defects they differ from his booke of noates in other 
respects. In both of them that clause (if not granted to any 
other) is left out, & a clause is added in such manner, & w'h 
such circumstances as gives much offence. 
[1-34] II For Mr. Cheevers & Mr. "Wackman heareinge of his 
vnrighteous inclosure desired to se how the grant was penned, 



1645] NEW HAVEN COLONY EECORDS. 223 

Mr. Cheevers read it in Mr. Wackmans & Thomas Fugills 
hearing ; he is assured & knoweth that at that time the order 
ended w'h these words, or as much of it as he desires. Mr. 
Wackman conceiveth that clause, (according to his pportion,) 
was not then in the booke, they Ijoth affirme that vpon that 
grownd, Mr. Cheevs tould Thomas Fugill that the order was 
vnlimitted & not easily transgressed & seemed to marvayle 
men should speake of his takeing in too much land, but 
added, yo" meane according to yo>" proportion, Thomas Fugill 
closed, both that that was his meaninge, (yet said not it was 
soe entred or written,) and that men would be talkeinge. Mr. 
Cheevers, when they were gon from Thomas Fugills liowse, 
repeated the order to Mr. Wackman, & presently after wrott 
it downe, according to w^li he reported to Leiutennant Seely 
how it was entred, who confidentlye replyed that the entry soe 
made was a falce entry. This soone came vnto Tho'» Fugills 
knowledge, but when the book came after to be veiwed, the 
line affording roome, these words were added, (according to 
his proportion,) but w'li other pen & inke, a lesse character & 
crooked, as w'h a trembling hand. The booke vppon occassion 
being brought & left w^^h the governor Mr. Cheevers observed 
& was offended at this alteration, and at a meeteing w^h 
Thomas Fugill before the governour & elders, questioned him 
about it ; Thomas Fugill begininge to justifie himselfe, the 
governour, to prevent further rashnesse and sinfull expres- 
sions, by way of caution told him the book was w4iin, & he 
had veiwed it, and if he could judge of writing, these words 
were added & written after the former part of the order w'h 
other pen & incke, & w'h a different character, notwUistanding 
w^h, Thomas Fugill boldly replied, that if the goveno'' would 
give it, he would presently take oath they were written at one 
& the same time \Y^h the rest, but the booke being brought out, 
the difference was so apparent that Thomas Fugill was forced to 
chang his expressions & said he would take oath it was not 
written since Mr. Cheevers saw & read the order, herevpon his 
second booke was sent for, out of wh this record was coppied, 
and therein also, (the line affording roome,) the same words 
seemed to be added, the difference in writinge, (though not soe 



224 NEW HAVEN COLONY KECORDS. [1645 

much as in the great booke,) was cleare & evident, Wli miscar- 
riadge of his gave offence to all present ; but this second booke, 
being by the governour & elders since veiwed,they severally, but 
each of them stronly, apprehended that a pen & blacker 
incke hath bine drawne over it, their being now either none or 
a difference so small as is scarce discernable, yet Thomas 
Fugill Ijcing questioned, againe & againe denieth it. 

The governour informed the court, that, being offended at 
the former recited passadges, the next time Thomas Fugill 
came vnto him he warned him in private of his bold & sinfull 
way of protestations & offering to take oath, as if by confident 
contradictions he would drive men from the truth they knew, 
and besides the former passadge, instanced in a case betweene 
Thomas Fugill & old Goodman AVilmott, minding them of 
that rule, let your communication be yea, yea, nay, nay, 
oathes even in certayne truthes are not lawfuU till they l:»e 
necessary and duely called for. Profane men indead in other 
places who litle attend truth, thinke they must swere that they 
may be beleived, and in his case, it would be noe other then 
a high breach of the 3'^ commandement. Thomas Fugill justi- 
fied his offereing to take oath to Goodman Wilmott in regard 
of the truth in question betwixt them ; and for the former 
passadge about addeing the words in the great booke, at first 
said he offered to take oath it was not done since Mr. Cheevers 
read the order, but being minded of the former perticulers, he 
[135] seemed convhiced & acknowledged ||it was his sinfull 
rashnesse, yet in court began againe to turne & winde, & so to 
evade the governo''s testimony, but gave noe satisfaction. 

The premises being duely considered, some of the meml)ers 
of the court & towiie propownded whether it were not requi- 
site & necessary to choose another secretarie, who might more 
faithfully enter & kecpe the townes records. The secretarie 
confessed his vnfitnesse for the place by reason of a low voyce, 
a dull eare & slow apprehensions. He was answered the the 
court had longc taken notice of sundry miscarriadges through 
weaknessc o"" neglect, yet in tender respect to himselfe & his 
famylie, they had continued him in the j^lace, (though w'h 
trouble to others,) a review of orders, before these offenses 



1645 J NEW HAVEN COLONY RECORDS. 225 

brake out, being vppon that consideration thought necessarie 
& ordred. But vppon this discouery of vnfaithfulnesse & 
falsyfying of orders & records, they were called to lay aside 
those private respects, for the publik saftie. By the court 
therfore he was presently put out of his office of secretarie 
for this plantation, 1)ut the court not being prepared to make 
a new choyse so suddenly, Mr. Francis Newman, Mr. Richard 
Pery & brother John Clarke were intreated to take noats of 
what should be propownded & ordred in the remayning part 
of this court, & so of the next monthly court Apriil the 7"% 
& severally to draw vpp each court, fit for a record, that this 
court may have a tryall of their severall abilities, & in due 
season may, w'h better satisfaction to themselues, proceede to 
a new elexion. 

But notwithstanding all the former discoveries & proceed- 
ings, Thomas Fugill in the close of the day being called to 
read his noats about those first passadges, his entry about the 
secretaries office runs thus, (It was propownded whether the 
court will chuse another secretarie, because Thomas Fugill 
hath bin defective in his place, it was agreed that a new one 
be chosen,) w^h being so directly contrary to the expressions, 
carriadge & conclussion of the court, gave further oftence. 

It was ordered that the old deputies shall continew this halfe 
yeare to come, & then in October next at the new choyse dep- 
uties are to be chosen for a Avhole yeare as the magistrats 
are. 

Mr. Browning, Mr. Ling, W'" Payne, Thomas Knowels, 
Jn° Hall & Mr. James, vppo" their request & their occassions 
being knowne to the court, had leave for to depart the court. 
It was propownded that the free gift of corne to the col- 
ledge might l)e continued as it wns the hxst yeare & it was 
granted. 

Mr. Atwater, the present treasurer, informed the court that 
he had sent from Connecticott fortie bushells of wheat for the 
cdlledge by Goodm" Codman for the last yeares gift of New- 
haven, although he had not received soe much. 

Brother Abraham Bell & brother Mathew Camfeild were 
chosen collecto''s for this present yeare for the gift of corne to 
29 



226 NEW HAVEN COLONY RECORDS. [1645 

the colledge, and wompom was allowed to be paid by those 
that had not corne to pay in, each pecke of corne being val- 
lued 12'J & 2 o"" 3 monthes time was allowed for men to bring 
it in to the collecto''s in. 

It was propownded that Edw : Chipfeild might have libertie 
to make bricks in the playnes vnder the West Rocke to Wh 
their is a good highway, which was allowed off. 
[136] II The court was informed that sundry swine had bin 
killed by the Indians doggs, and vppon the demand of dam- 
adgcs they promised to kill their doggs, & have brought the 
heads of 1 o^ 8, & hervppon desired that if the English swine 
doe trespasse them they may also be satisfied for the same, or 
rather p''vent their swine fro™ trespassing them. Lciut Seely 
herevppon informed the court that the Sagamore told him he 
durst not acquaynt him who had mischeivous dogs yet alive, 
because they would poyson him. Leiut Seely was herevppon 
requested to learne the names of such as the Sagamore feared 
& had doggs left & returne y"' to the governour. 

It was propownded (that seiug we have a miller that gives 
content to the towne,) that we might have a loader alsoe. 20^ 
a yeare was offred by Capt. Malbon to any that would vnder- 
take it, & he would find them w'h two horses & keepe them 
W'h meate, only he should tend them, or els he would allow 
40' a yeare & y^ loader should find 2 horses w^h meate all the 
yeare, & he further said if any man would vndertake the for- 
mer worke, he would carrie the towne corne to mill for l'^^ 
^ bushell. This was refferred to consideration. 

Whereas at the last gennerall court it was propownded that 
a bridge might be made over Newhaven River going to Conn- 
ecticott, viewers were chos", & vppon view have fownd a con- 
veynient place, aboue a mile & halfe above the old passadge. 
Bro. Andrewes & bro. Munson require 4' 10* for the carpen- 
ters worke & carriadge, & they thought 20" might serve for to 
fit the banks for passadge. John Thomas promised to helpe doe 
that, & as soone as possibly may bee. 

It was ordered it should be don, & that a surveyo"" looke onn 
it & lay out a way from the place, that the farmcs might not 
be damadged by passengers that goe & come that way. 



1645] NEW HAVEN COLONY RECOEDS. 227 

It was propownded that sister Lampson should he provided 
for at the towiies chardge, so farr forth as her hushaiid is not 
able to doe it. 

It was ordred the last gennerall court that men & weomen 
should be seated in the meetinghowse, therfore it was pro- 
pownded that all the seats be finished for feare of want of 
roome & to avoyd offence. 

It was formerly ordred & now againe spoken to, that euery 
one turne their swine <fe other cattle the same way their land 
lyeth. 

It was ordred that euery man throughout the towne repaire 
and mayntayne the highwayes before their homelotts the 
breadth of two rodds. 

It was propownded that noe calues goe in the cowes walke, 
namely the cowes & ox pasture, not intending the farmes on 
ye east side. 

It was ordred vppon Goodman Dightons information of the 
court of a good place for the feede of calves vnder the "West 
Rocke or beyond it, that it should be viewed, & himselfe was 
intreated to goe & shew the place he intended, that it might 
be knowne whether it will answere the end or noe. 

Complaynts being made of some mens putting their calves 
in the spring & fall into the meddowes to the prejudice of 
them, it was thought to be a transgression, but refferred to 
private consideration. 

[137] II Bro : W™ Thompson complayninge of damadge don to 
his [meddoiuesi for want of his neighbours fenceinge, & a 
peece of wast grownd lying w^hout him of ^ an acre, he 
desired it might be granted him : bro : M^des & bro : Hen : 
LyndoU were desired to view it & to returne their thoughts 
to the court concerninge it, so that if the land exceede not 
the quantity mentiond, he might have it if it prove not to 
the damadge of the towne or the prejudice of the highway. 



Bro : Wackman & bro : Cheevers were chosen deputies for 
the jurisdiction court in Aprill next. 



228 NEW HAVEN COLONY RECORDS. [1645 

It was ordred that Leiut. Seely should have 6 acrs of med- 

dow added to his pportion & next to the sea by the black rocke. 

It was ordred that those persons whose names are vnder 

written shalbe viewers of the fences about the tow" y^ next 

yeare. 

Tho'" Nash & Ric'' Pery, for Mr. Eatons & Mr. Davenports 
quarter ; Jno. Cooper & Christopher Todd for Mr. Newman & 
Mr. Brownings quarte ; Jno Ponderson & Tho"' James for Mr. 
Evance quarter; Jerimy Whitnell & serj*^ Jn^ Nash for Mr. 
Gregsons quarter ; Hen : Lindoll cfe Roger Allen for Mr. Lam- 
bertons quarter ; Jn^ Mosse & Jno Walker for the Oyster shell 
feild ; Jn° Clarke & Corpi Whithead for the suburbs qui'ter ; 
William Bradley & John Thompson for the farmes. 

It was ordered that the perticuler court & cheife military 
officers should consider whether it be meete for watchmen to 
sleepe that are on the guard or noe, also whether lesse then 
seaven may not l3e sufficient to watch in one night. 

It was propownded by captayne Malbon, that if a con- 
veynient companny of the trayne band would of themselues be 
willinge to bring their amies and attend the service on the 
Lords dayes & Lecture dayes, & the lik vnder a penaltie, ap- 
poynting sentinells in their course from amongst th^selues, 
might not be freed from walking the rownds, & have libcrtic 
and conveyniencye of seats made & appoynted in the meeting 
liowse for that service & the walking the rownds to be supplyed 
by them of the towne that bring not their armcs constantly. 

It was ordered that the way to the oxe pasture be where it 
is now layd out, although not formerly soe intended. 

It was desired that a view might l)e made of the land behind 
Mr. Wackman & Mr. Goodyears qiiarters, in the reare of their 
devizions. Alsoe what land lyeth behind the Yorkshire quar- 
ter for ye small lotts. 

It was propownded whether any should watch in the tOAvne 
whose dwellings were a mile out of the toAvne, also whether 
those that had noc bowses nor estats in tlie towne should serve 
therin. This was refferred to the perticuler court & the cheife 
military officers consideration. 

It was propownded by brother Thomas James that his sec- 



1646] NEW HAVEN COLONY RECORDS. 229 

Olid devizioii might be laid out, this was referred to considera- 
tion. 

[Next on page 138 follow the names of sundry persons who at cUtTerent tunes took 
the oath of fidelity, which have been already printed on pages 140 and 141 of this 
volume, and then succeeds an entire blank page.] 



[138, bis.'] [A Court hoJden April 7th, 1646.] 

A diiference betwixt some of Guilford, for whom Mr. John 
Caffinch stood plaintiffe, & Elias Parkman of Windsor, for 
whom bro : Jn° Benham stood defendant, was p'sented to the 
court, but testimony not being p''sent for either side it was 
respited. 

Bro: Tho'" Beamont hath sokl his homelott lyeing next 
vnto Robert Pigg by allowance of the court vnto the said 
Robert Pigg. 

Samuell Marsh being complayned of for absence & late 
comming to traynings, Mr. Crayne gave some answere for him, 
l)ut it was respited till he doe appeare to answere for himselfe. 
Thomas Tobie, Robert Yshcr, W"' Andrewes, W'" Fancye 
& Theophilus Higginson were complayned off for disorderly 
drinking strong licquors to the abuse of some of them, so farr 
as that they lost the vse of their senses. 

Tho™ Tobie said that it was true he fasting & watching y^ 
day & night afore & not being acquaynted w^h the nature of 
the licquoir, drinking thrice of the bottle, was overcom by it, 
so that he had not the vse of those abilities that elce he might 
have improved, but was carryed vp to bcdd by two, w^h he 
desireth to owne as his sinnc & shame. 

Robert Vsher acknowledged he dranke soe much as that 
going into the ayre it wrought soe on him that he had not the 
ordring of his tongue nor feete. 

W'" Fancy owned it as his sin his oft drinking, being that 
at the first he felt it hott in his throate, but he was not dis- 
tempred, howcu'' sultmits to y^ court, 

W"> Andrewes junio'" confessed he was as a meanes & 
occassion of this, w<^li he desireth to owne as his sin, but he 
intended only refreshing them. 



230 NEW HAVEN COLONY EECORDS. [1646 

Tlieopliilus Higginsoii said he dranck three times, but he 
not loveing of it tooke hut litle. 

For w^h disorder of all & distemper of some, they were all 
fined, viz'i Tho"" Tobie, Robert Vsher & W™ Andrewes junio*" 
20^ each of them, W^ Fancy 10« & Theophilus Higginson 5^ 

Corporall Leavermore being complayned of for his mans 
defect in want of a rest, sword, worme & scourer, but haveing 
procured som & promising to provide the rest as soone as pos- 
sibly he can, was fined but 1*. 

Serjeant Munson being complayned of for taking away 3 
hands fro™ traynings to goe fetch hay, he alleadging a promise 
to have had it don while he was gonn to Moheigin, & after he 
came home, but being putt of & in hazard whether he should 
gett cannowes or the like to doe it, & if he had not imbraced 
that oppertunjty he could not have had hands to helpe him & 
considering it was don on a shewing day after they had shewed 
their armes he was fyned 2« each person. 



[139] [ ] 

Richard Pery chosen secretarie for the court of Newhauen 
vntill October next. 

Francis Browne had liberty to depart the court, to helpe 
some cattle over the river. 

Brother John Herryman received the chardge of a freeman. 

Consideringe the state of the jurisdiction & the righteous- 
nesse the towne is bownd to attend in payment of severall 
debts, which for the p^scnt were due, it was thought meete 
that a new rate be assessed, and that it be paid w^hin a month, 
& that the halfe yeare rate due in October be paid into the 
treasurer in June & July next ensueing at farthest, in monny, 
beaver, corne or wompom, in butter or cheese & great cattle 
moderatly pi'ised. 

It was propownded by the governo'" that each person that 
liath land or doth rent any this yeare in the necke doe bring 
in their quantities to the govern'', & how he will improve it 
this yeare, before the first of May next or before he put in any 
cattle into the necke, vnder the penaltie formerly setled, and 



1646] NEW HAVEN COLONY RECOEDS. 23l 

that bro: Cooper drive the necke the 11^^ of this instant 
Aprill & afterw'ds whose cattle soeuer be fownd there they 
being pownded shall pay ¥ the owner 6'' a head as F a former 
order. 

It was desired that those that desire right in the Beaver 
Ponds should issue their thoughts about it w^hin a month, & 
if they doe not, no"" give in their mynds to the governo'', it is 
to be left to the courts dispose. 

It was granted that brother W'" Thompson might fence in 
his meddow & the small parcell of land straight from the quar- 
ter to the causey with it. 

Brother Wackman & brother Seely were desired to view 
that meddow Mr. Goodyeare desireth at his farme, & to 
returne their thoughts of it to the court. 

Brother W"" Tharpe was spared from future traynings, with 
respect to the weaknesse of his boddy. 

Brother Francis Newman & bro: Crayne were desired to 
view a peece of grownd which brother Leeke desireth to liuild 
a shopp onn agaynst his howse. 

It was ordered that the surveyours of the liighwayes doe 
view them, & returne the names of those that are defective 
either for cart or foote. 

It was ordered that each man mayntayne a good way before 
his howse lott throughout the towne, whether it be for cart or 
foote. 



[140] [ ] 

Mr. Brownings son wanting a gune & sword, his case being 
such as his armes were sold before winter, his intents being 
to have gon for England, & pmising to provide agaynst the 
next trayning day, his fine for pt'sent was remitted. 

Ambrosse Sutton being defective in his armes, y^ mayne 
spring of his gune being naught, was fyned 12*^. 

Goodm" Whitnell, defective in worme & scourer, was 
fyned 1^. 

Goodman Lampson, for a defect in y^ length of his rest was 
fyned 6'^. 



232 NEW HAVEN COLONY RECOEDS. [1646 

The townes fence being complayned off as defective w^hin 
Mr, Davenports quarter, towards ye Mill River, w\\ was don 
by Jn° Mosse & Timothy Ford, they submit to the prising 
their fence, & yeald it vpp to the towne, W^h was vallued 
at ^ '' p rodd & was in all ^ rodds, as p the 
views noat appears. 

Brother Crayne haveing sett vpp some fence before any 
court order was made for the sises of posts & rayles, it being 
now fownd defective, it was appoynted that his accompt be 
viewed & so to see the pportion betweene the fence & the prise 
paid for it. 

Timothy Ford was complayned of for his powder being short 
in waight & dusty & soe not serviceable as it ought to bee, was 
fyned 2^ 6^. 
Robert Emery for his defective fence of his gune, fyned 1^. 

Jno Cooper wanting a rest was fyned Q'^. 

John Gibbs defective in his gun fyned 6^. 

Robert Vsher defective in y^ sockett of his peece fyned 1^ 

Benjamin Hill defective in scourer, but being warned to y^ 
court he neith'' acquainting his master w'h it nor appearing, 
it was counted a contempt. 

Samuell Wilson wanting worme & scourer & rest was fyned 
5^, considring he had notice given him of providing & he 
doing it not. 

Tho"" James, his scabbord being too short fyned 6'^. 

Natha: Seely defective in scourer fyned 6^. 

Bro. Davis for 3 men of his being defective in bulletts & 
one in match, for w'^li he was fyned 20^. 

W'" Wooden defective in powder fyned 12''. 

Bro. lues wanting a scourer, ) , n^ -, ^^ 

Bro. Mitchel wating a gun sticke, ) 

Goodman Osborne defective bulletts, scourer, worme S: rest, 
but being now supplyed was fyned but 5^. 

Samuell Daighton wanting all armes, but he being latly 
come to towne & at p''sent provided, it was passed by. 

James BishopiJ defective in his rest fyned (j'^. 

Tho'n Beech defective in his rest fyned 6^. 

Tho'n Knowles defective in his rest was fyned G<^, ct he not 



1646] NEW HAVEN COLONY EECOEDS. 233 

haveing paid a former fine was ordred to cleare it before the 
nest court. 

Samiiell Marsh being seeking cowes during his absence 
from traynings, it was accepted of the court as a sufficient 
excuse. 

Goodman Plat hatli sold 6 accres of meddow on the west 
side vnto Roger Allen, w<=h meddow lyeth next above Mr. Gib- 
bard, in a peece of meddow called an island, & the West Eiver 
runeth vpp on the other side thereof. 

[141] II Goodman Piatt hath sold about 11 acr. -|- of vpland 
to Mr. Jn° Wackman & John Gibbs w«=h fronteth against Mr. 
Evance quarter & is bownded on the reare by Jn^ Gibbs & 
Hen : Glovers lotts, & lyeth betweene Mr. Wackman & Mr. 
Bracys lotts. 

Goodmn Piatt hath sold all his land in the Necke to W'" 
Thompson. 

Goodman Piatt hath sold 2 acr: of meddow to Tho"" Fugill, 

Richard Hull hath sold 6 acr of vpland vnto W'" Thompson, 
which fronteth towards the subburbs quarter, & lyeth at that 
end of his lott, & is betweene W'" Preston & Henry Lindoll 
lotts. 

The Governour being informed of severall leawd passadges, 
ordered W'" Fancy to appeare w% his wife at the Court, to 
answere for them. The examinations of Goodm" Fancy & his 
wife following were read in court, viz'^. 

Goodwife Fancye examined the 14th Aprill (46) said that, 
1. About two yeares since working for Goodwife Robinson, 
being alone in the cellar with Tho™ Robinson her husband, he 
tooke hold of her, put downe his owne breeches, put his hand 
vnder her coates, & wUi strength & force labored to satisfie his 
lust, & to defile her, indeavoring to throwe her downe, & when 
shee began to cry out, he stopt her mouth, but some of the 
shipmen occassionally calling him away he left her for that 
time. 

2. When they lived in Leiut. Seely's cellar shee going into 

the planted lott to fetch in a barrow full of wood, Indian corne 

being then & there growne man high, hearing a noyse amongst 

the stalks of corne & lookeing about shee saw Tho"^ Robinson 

30 



234 NEW HAVEN COLONY RECORDS. [1646 

<fe said vnto him, goe & be hanged, what doe you here, but he 
fastened vppon her, strove to have kissed her, but vppon her 
hallowing or crying out, (though the winde being high she 
conceiveth she was not heard,) he left her. 

3. Another time being at worke there, Goodwife Robinson 
desired her to goe into the lott to gather pompions, & there he 
agayne attempted the like, but she resisted & told him these 
practises of his would not long be hidd. 

4. After this againe she going forth to catch a hen, he came 
& put down his breeches, strove to stop her mouth, but she 
makeing a noyse, her husband came forth of the cellar, & 
Robinson seing him left her. 

After this W"> Fancy lived at Tho'" Clarks howse, Tho"> 
Robinson came thither, this examinate saith she seing him 
comminge, & fearinge his filthy lustfull attempts, gott & stayed 
out of the howse. Robinson prayed her to come in, proffessing 
he came with noo evill intent, but to make peace wUi God & 
her, she told him her husband knew of his filthy leawd car- 
ryadges, he must therfore make peace with him; this Avas 
about 12 monthes since. 

Notw'hstanding all former passadges, Tho"' Robinsons wife 
wanting help in her childbed state, he impudently desireth 
Goodie Fancy to keepe her, she sends him vnto her husband, 
& he, considring the weomans neede, consents. After she had 
bin there a weeke, her husband asked her how Robinson car- 
ryed himselfe, she answered she thought he was become a new 
man ; but the second weeke he returned to his former filthy 
course. Goodwife Fancy going forth with him into the cow 
howse in the evening to hold the lanthorne while he cought a 
hen for his wife, he suddenly darkned the lanthorne, fownd & 
tooke hold of her in the darke, she crying out, (fearing he 
would kill her,) what shall I doe; but he put downe his 
breeches, put his hands vnder her coats, & gott them vpp, 
thrust her to the wall or pale & indcavored with his boddy to 
committ adulteric with her, but she resisted & hindered him 
[142] & told him that if || he went onn thus, he would come 
to the gallowes; he pished at that, but told her he would 
never medle w4i her more. This was about 10 weeks since. 



[1646 NEW HAVEN COLONY EECOEDS. 235 

6. Yet againe during that attendance onn his wife, this ex- 
aminate going forth to fetch wood to make a lier, itt being her 
night to watch, Robinson followed her, put downe his breeches 
& indeavored to satisfie his lust as before, but she cryed out, 
threatned to awake his wife & to acquaynt her wUi his course, 
wherevppo he gave over & this was his last attempt vppon her. 

This examjnate saith that she hath from time to time ac- 
quainted her husband w'h Robinsons leawd lustfull attempts 
vppon her, (except that 5*'^ passadge in the cowhowse, w^h 
yet she after told him off,) & prest him to complayne to the 
gov, but W'" Fancy refussed & desired it might be concealed, 
fearing, (as hee then & now professeth,) that his wife haveing 
bin publicquely punished for theevery, should not be lieleived ; 
& by way of excusse, he now further added, that being ignor- 
ant of the mynd of God in the Scriptures, he knew not but 
that it might be concealed. 

By examynation & confession it appeareth that the former 
leawd & outragious attempts came thus to light, Tho'" Robin- 
son, at Mr. Evance his howse hearing Hannah Marsh say she 
delivered a paire of sizars to Stephen Medcalfe before he went 
for England, Robinson in the hearing of Jn^ Thomas and others 
replyed, there is another cutler in towne for a neede who could 
spare a paire of sizars or a knife, & added he thought he saw 
the sizars spoken of att Goodwife Fancyes, & that she was a 
theife & other words to tliat purpose. Goodwife Thomas 
sometime imployinge Goodwife Fancye in her occassions, 
either told her or sent her word what Robinson had said. 
Fancy his wife passionatly & in way of revendge tooke vp this 
proverbiall speech, save one from the gallowes & he will hang 
you or cutt your throate if he can. Goodwife Thomas, by the 
words supposing some great guilt was concealed & lay hidd, 
inquired the meaning, & Fancyes wife discouered Robinsons 
filthynesse & villeny. 

After this Fancyes wife going home from Jn" Thomas his 
howse fownd Robinson staying for her in Stephen the cutlers 
shopp, & weeping he spake passionatly, is this come forth & 
added he would rather that his life & all goods were gone then 
that his wife should have knowne of it. 



236 NEW HAVEN COLONY RECORDS. [1646 

Goodwife Robinson hearing these things was exceedingly 
troubled & desired they might be taken vpp in a private way 
if it might bee, and Tho"^ Robinson and his wife pressed 
Goodwife Thomas to that purposse ; Goodwife Tliomas replyed 
that he might see a hand of God in this busjnesse, for his 
other vnrighteons dealings, yet told him if she might saflye, 
she could be content to conceale it if she might see a generall 
reformation in his course, but Robert Vsher knew of it & 
must by a due acknowledgm^ be satisfied. Robinson meeting 
w^i Vsher that night, insteede of satisfying him, provoaked 
him by telling him it was Init a word in jest, & that Fancy his 
wife wronged him, herevppon it was resolved that counsell 
should be asked & proceeding ordred accordingly. 

W'" Fancy & his wife both affirme that about a fornight 
since Tho™ Robinson offred them lO^ in silver for their satis- 
faction that there might bee noc further prosecution. 

John Thomas & his wife say that Robinson did before them 
acknowledge some miscarriadgcs & did but weakly if at all 
deny the rest that Fancyes wife chardged him with ; he knew, 
(as he said,) that a wcomans word would passe before a mans 
in this case, cspetially seing Fancy his wife said she would 
take her oath for the truth of her chardge. 
[143] II Goodwife Robinson confessed she had heard her hus- 
band confesse he had spoke some words to try Fancys wife 
but he could not owne all she had chardged him with, being 
asked where her husband is, she saith that yesterday in the 
afternoone he went forth in a sadd discontented frame, and as 
she since heareth, passed over the ferry, but since she hath not 
heard of him. 

W'n Fancyes wife saith further that about 3 monthes since 
Markc Meggs came to their howse & asked for her husband, 
saying he was ordred by Mr. Francis Newman to receive 8^ 
of him, she replyed her husband should gett it for him so 
soone as he could, but it since appcareth Mr. Newman sent him 
nott. As Fancys wife then passed by him he caught hold of 
her, strove with her, put his hands vnder her coats, shewed her 
a string of wompom & told her he would give her that & 5^ 
more if she would teach him to gett a boy, but she resisting 



1646] NEW HAVEN COLONY RECORDS. 237 

he went away. When her husband came in she told him 
Marke Megs was a roagiie, & acquainted him what he had 
done, wherevppon her husband & the cutler went & spake w'h 
him ; he presently acknowledged his fault to them, & severall 
* times since hath acknowledged it to Fancys wife. 

Concerning Stephen Medcalfe the cutler she saith, that her 
husband & she lying in his howsc soone after the hand of God 
was vppon Stephen in the losse of his eye, he came, (as she 
was sifting meale,) in a basse lustfull way to kisse her by 
force, she said it were better he never touched any while he 
lived, yet after this while he was vnder cure when her hus- 
band was abroad, it being his watch night, Stephen went to 
bedd but left his candle burninge, she called to him to put it 
out, he bad her come put it out or take it for her vse if she 
would, she refusing, he after put it out & she went to bedd, but 
first tyed downe the latch of the dore soe as she thought it 
could not be opened from w'hout ; yet, as she conceyveth 
about midnight, the dore was opened, & by the creeking 
awackned & frightned soe that she cryed out with much feare, 
who is there, then Stephen spake & went to his cubbard, 
dranke some strong watter^& went away. Fancys wife arose, 
went out & came in againe, walking vp and downe. After 
tlie day brake the weauer & her husband came home, she told 
her husband Stephen was a rogue, & said she would com- 
playne to the magistrate but her husband diswaded her. Ste- 
phen lay long in bedd that morning. After he was vpp he 
went to Mr. Pells, her husband met him & told him of his 
miscarriadge. Stephen came home and asked Fancys wife 
what she had told her husband, she answered nothing but 
what Stephen knew was true, yet at his request, her husband 
promised to passe it by. 

Marke Meggs being called to answer Goodwife Fancyes 
chardge did at the first wholy denny it, wherevppon W'" Fancy 
informed the court that so soone as he came to the knowledge 
of his forementioned action, he called to h™ to speake w^h 
him, who was then killing a pigg at Goodm^i Mosses & there 
told him of it, & that since Marke had sought to make his 
peace, & at that time Robert Vsher, that he might not come 



238 NEW HAVEN COLONY RECORDS. [1646 

to the knowledge of it, was sent out of the way, & he the said 

Marke Meggs told them if it came to light he should be 

vndone. 

[144] II Corporall Mosse informed the court that James Hey- 

wood told him that Marke Meggs came into Goody Fancys 

howse & downe with his lireeches. 

Goodman Banister informed the court that Daniell Paule & 
himselfe being at worke w% W"" Fancy, he upp & told them 
that Robinson was run away & feared his wife would be a 
cause of his being whipped and so Marke Megs. 

John Meggs informed the court that W'» Fancy being at his 
shopp told him what his bro : had done, & that he thought he 
would be fyned, & if that it were soe he would take nothing 
of him. 

John Thomas informed the court that Marke Megs told him 
that the Govern'' said that Jn^ Thomas needed not come to 
court if he could say nothing for him, the w^h words the 
gov said not, Init Marke Meggs exprest to have hidd his sinne 
& guilt. 

Robert Vsher informed the court that one night Marke 
Meggs came and called W"* Fancy & his wife to speake w^h 
them, & Goodie Fancy desired him the said Robert to goe vpp 
into the chamber, then he asked the matter, she said nay, 
neither shall Stephen tell you what Marke came about. 

Goodwife Fancy vppon oath affirmed that Marke Meggs 
comminge for 8* or 10^ vppon a last day at night, she told him 
she thought her husband had it not, but he should gett it, & 
thought Mr. Newman would not be soe deare, then went out 
into the lott & comminge in agayne he caught hold of her, 
put his hands vnder her coats, offred her a string of wompom 
he then had & 5^ more if she would teach him gett a boy — 
& ye next day save one, being the second day of the weeke, 
he went to him. 

Goodm" Fancy vppon oath affirmed that he spake wMi Marke 
Meggs in Goodm" Mosses yard & said to him he was a basse 
fellow for to goo to abuse his Avifc, offring some wompom & 5^ 
more & that he going to acquajnt Mr. Gregson wUi it, Marke 
mctt him, acknowledged his fault & said if hee should goe & 



1646] NEW HAVEN COLONY EECORDS. 239 

tell of it he should be vnclonc, & intreated him to consider 
his case, for he had dranke a cupp of sacke & Stephen desir- 
ing him, he granted to passe it by. 

Capt. How, being then in court, told Marke Meggs it was 
not his way to deny it before God & a court of justice, for 
though the court might, God would not cleare him if guiltie, 
for God may have left him to the act, although there may 
want evidence, as he may remember a defect of evidence in a 
case of this nature formerly. Therfore desired him not to 
leave God & himselfe in this act. 

For w°h sinful & lustfuU attempt, although denyed at p>"s- 
ent by himselfe yet sufficiently proved to the satisfaction of 
the court, he was centenced to be severely whipped. 

Goodie Fancy for herselfe in concealmt of the forementioned 
vylenous & lustfull attempts by severall as appeareth by her 
own confessions, & W™ Fancy for his being as it were a pan- 
der to his wife & neglecting the timely revealing of these fore- 
mentioned attempts to have defyled his wife, who should have 
bin her ptector, & although he was told of them, neither did 
discover them himselfe, nor would he suffer his wife to doe it. 
Both were centenced to bee sevearly whipped. 

Joseph Guernsy for his wilfull neglects of obedience to his 
ni'' his commands & rysing vp & abusing his m^" & his bro., as 
appeared by the testimony of bro : Joshua Atwater, bro. Chee- 
vers, Mr. Francis Newman and Eliz^ Downinge, was cen- 
tenced to be sevearly whipped. 



[145] [A Genneralt] Court held the 25*^1 May 1646. 

In regard of severall occassions <fe worke to be done agaynst 
trayning day, bro : Nash is spared & bro : Leavermore also, 
because that if hee attend this court it will hinder his burning 
of potts this whole weeke. 

It was remmembred that the last Gen^' court it was ordred 
that men should have payd their rates, but it being 6 weeks 
since & yet all not brought into the treasurer, men were ad- 



240 NEW HAVEN COLONY RECORDS. [1646 

vized to take some speedy course, or elcc the marshall shall 
have order to warne them into the court the next weeke. 

It was likwise considered that whereas there was an order 
made to pi'serve meddow & cornefeilds, & swine ordred to he 
kept ahroad, but for p'"sent it not being attended, it was 
desired men would attend it better for ye future. 

It was ordred that whatever swine were fownd w^hin thenecke 
or any fenced vpland w^hin two myles of the towne vnyoaked 
& vnrunge shall pay 6'^ a head besides a penny powndage, & 
that this order take place the next day following at night. 

Bro : Cooper was desired to drive the necke, & he pmised to 
doe it. 

It was ordred that every man bring in the eare marke of 
his swine that so if they should be pownded, they might be 
knowne therby, but if the swine e. c. be not knowne therby 
they shalbe duely cryed & somtime after they shalbe prised, & 
a new & publique marke sett vppon them, wherby the pown- 
der may know them, & yet euery one may see his owne marke 
also, & that before any new marke be added or the creature 
prized, the approbation of the magistrate is to be required. 

It was ordred that bro : Cooper be cryer in the marshalls 
stead, in regard that he cannot attend it manny times because 
of prison''s. 

It was ordred that henceforward all dry cattle be kept by a 
keeper, (a pticui'' agreement by them at the farmes on the 
east side excepted,) although this order passe w^hout a fine. 

It was ordred that noe man put any oxen in the oxe pasture, 
Mr. Evance only excepted who hath liberty granted vppon his 
indeavour to keepe them from the cowes. 

Bro : Phill : Leeke was desired to keepe an ordynary or 
inne, & to pvide for the refreshing of seamen, w^h he tooke 
into consideration. 

Libcrtie was granted bro : Phill : Leeke to draw wine for 
Mr. Malbon, he attending a court order formerly made for 
sobryety. 

Bro : Peter Browne had liberty to depart the court for the 
remaynder of this day. 

Jerymy How had libertie also to draw strong watters for 



1646] NEW HAVEN COLONY EECORDS. 241 

Mr. Evance & Mr. Gilbert, he attending a former order made 
for sobryety. 

It was ordred that if they that live at the farmes come vppon 
trayning dayes by that time the company is in ranke & file, & 
before they have moiied, it shall not be accompted late com- 
minge. 

The choyce of the Artylery company officers was allowed 
of. 

Bro: Francis Browne, Mr. Caffinch & Goodman Bassett 
were dismissed from attending the court, occassions w^h were 
vrgent calling them away. 

[146] II Mr. Malbons meddow so called, belonging to Mr. 
'[Gregsons c^" iVJ]r. Wackmans quarters I[t loas 7novecr\ they 
might have a way to their land, and the subburbs desired 
the like. Mr. Gilbert, Mr. Francis Newman were chosen as 
committees to looke on the way, &, one of each quarter was 
ordred to goe with them, to propownd their objections to them. 

Bro : Phillip Leeke, vppon some pressant occassions, had 
leave to dept the court this day, & liberty was given him also 
to make vse of a peece of grownd before his dore, provided 
that if it so fall out that the townes occassions require it, he 
then surrender it & remove his howseing from it. 

It was moved that some place might be fenced in wherein 
strang^s horses might be kept, but at present respited. 

Mr. Goodyeare & Mr. Robert Newman being desired to goe 
to Mrs. Stollion who lyetli very weake & thought her change 
draweth nigh, they had leave to depart the court. 

It was ordred that whosoeuer fetcheth fire, or sends for it & 
not in a covered vessell, though the fire be denyed them, or 
vppon any other occassions they come w^iout it, they shall 
pay 6^ fine; but if they carry any fire away, they shall pay 
12*^, because great damadg may growe to the towne by slight- 
nesse & carlessnesse this way. 

It was ordred that whosoever shalbe fownd takeing tobacco 
in an vncovered place, as in the streate of the towne, or in 
mens yards, shall pay 6'' fine each time, also if onn trayning 
dayes, either in the company or the meetinghowse at any 
time. 

31 



242 NEW HAVEN COLONY RECORDS. [1646 

It was ordred that the waights & measures of this towne 
bee viewed once a ycare, somtime in September, it being at 
their liberty that are to doe it in what part of the month, vnder 
the penalty formerly mentioned. 

Bro. Jn° Mosse, Natha : Merryman, Richard Webb & W^ 
Payne were freed from attending the court, to helpe Mr. Mal- 
bon get goods ashore. 

It was ordered that brother Seely & brother Gregory doe 
looke that noe hydes come out of the tanners hands but those 
that are well tanned, &. that they scale them if they doe allowe 
them, & that they have 4«i p hyde for veweing & sealing of 
them. 

The remaynder of the former court orders reviewed were 
now read in court. 

The order for a corne measurer in this towne was repealed. 



[147] At a Court held at Newhauen this 2'1 June, 

1646. 

Mrs. Brewster, Mrs. Moore & Mrs. Leach being warned 
about severall miscarriadges of a publique nature, appeared 
and were chardged severally as folio we th, 

Elizabeth Smith late servant to Mrs. Leach, saith that hear- 
inge Mrs. Brewster loud in conference w^h Mrs. Eaton, Mrs. 
Moore & her Mrs. as she sate at worke in the next roome, 
shee called Job Hall, her fellow servant to hcare also, who 
could better remember the pcrticulers of such a conference 
then herselfe. 

Imp'"mis, Job & Elizabeth Ijoth aflirme that Mrs. Brewster 
repeating somthinge of Mr. Davenports prayer to this purposse, 
Lord add to the church such as shalbe saved & build vpp to 
perfection those whom thou hast added ; and speakeing of his 
sermon said, Mr. Davenport maks the people beleive that to 
come into the church is as much as the receiveing of Christ. 
Job saith she added, Mr. Davenport carryeth it as if they could 
not have salvation w^iout commiiig into the church. What 
concerneth Job in this part of his testimony he gave in 
wrighteing, & affirmed before the magistrates, yet now in 



1646] NEW HAVEN COLONY RECORDS. 243 

court was somewhat doiibtfull whether he heard the words 
from Mrs. Brewster herselfe, or only heard Elizabeth repeate 
them from Mrs. Brewster. His best light, (he said,) serveth 
for the former, yet he was loath to give oath therein. The 
court blamed him that he had not better considred this before, 
yet wished him to deliver nothing vppon oath but what he was 
cleare in. 

Mrs. Brewster as before the Governo'' & Mr. Goodyeare 
form^ly, so now in court denyed the chardge. 

2'"y. Job & Elizabeth affirme that Mrs. Brewster speaking 
of somthing Mr. Davenport had deliuered vppon Ephes. 4, 12, 
concerning personall faith, that if a man lived where he might 
joync to the church & did not, it Avould prove a deluzion to 
him. Job affirmeth that Mrs. Brewster said, when she heard 
it her stomacke wombled as when she bredd child, & spake it 
twise or thrice if not oftner in refference to the sermon. Eliz- 
abeth saith, that twise or thrice she spake to that purpose, 
that she was sermon sicke, & that proceeding in conference 
she presently said that when she came home she badd her son 
mak wast pap of it, w^li she the said Elizabeth conceiveth was 
spoken in refference to the noats of Mr. Davenports sermon. 

Mrs. Brewster denyed these words, sermon sick, or that it 
was in refference to the sermon, & those words of making wast 
paper &c. but confesseth she said her stomack wrought, smell- 
ing an ill savo'" in the seate, wherin she gave noe satisfaction 
to the court. 

3diy. Job & Elizabeth affirme that Mrs. Brewster (in con- 
ference speaking of scandelous persons,) asked Mrs. Moore 
whether she had not heard for what Mrs. Eaton was cast out 
of the churoli.* Mrs. Moore asked Mrs. Eaton why she did 
not confesse her sinne, Mrs. Eaton answered she had don it, 
but not to the churches satisfaction. Mrs. Brewster said if 
Mrs. Eaton had scene her light before she came into the 
church she had not come in. 

Mrs. Brewster confesseing the former part, saith she remem- 
bers not that she spake those words, if Mrs. Eaton had scene 

* The reader can learn some of the reasons for which Mrs. Eaton was cast out of 
the church, (in May, 1645,) by consulting Bacon's Hist, Disc, 296-306. 



244 NEW HAVEN COLONY RECORDS. [1646 

her light &c ; she hath heard that Mrs. Eaton came into the 
church in a hurrey, and went out in a hurrey. 
[148] jl 4ti'iy. Job <fe EHzabeth affirme that Mrs. Brewster 
speakeing of the contributions said, it was as going to masse 
or going vp to the high alter, & being asked by Mrs. Moore 
why she then went to them, she answered, because her hus- 
band had comanded her. 

Mrs. Brewster denyeth that euer she spake of masse, or high 
alter in refference to the contributions, the first time she 
heard of the word alter, applyed that way, was in the seate, 
Mrs, Lamberton speaking of that text, when thou bringest thy 
gift to the alter, but she saith Mrs. Moore asked what rule 
there was for going to the high alter in the contril)utions, but 
Mrs. Eaton defended the practise of the church. 

5^^^h'. Job saith he heard Mrs. Brewster say that Mr. Fugill 
being at her howse proffessed vnto her that Mr. Eaton laid one 
thing to him w^h if God should take him away that night, he 
did not know it to be soe, Mrs. Brewster added they goe two 
and two together, & writt down what scandelous persons say & 
soe hurrey them & compare their writeings, & if they find, any 
contradictions they are chardged for lyee. She concluded, I 
pray God keepe mee from them. 

Elizabeth remmembreth that Mrs. Brewster said, Mr. Fugill 
was chardged by Mr. Eaton w'h that he could not remmember 
nor owne if he should dye, & that shee concluded, God keepe 
mee out of their hands. 

Mrs. Brewster denyeth that euer Mr. Fugill told her, or she 
to any spake of any thing chardged vppon him by Mr. Eaton 
w^h he could not owne, but in generall, that something was 
chardged W^h ho could not owne, & she denyeth.all the latter 
part, going 2 & 2 together, wrighting, comparing, chardging 
lyes, & her conclussion from thence. 

6thiy. Job aflfirmeth that Mrs. Brewster asked Mrs. Leach 
whether she had any mynd to joyne w'h the church, Mrs. 
Leach answered, noe, Mrs. Brewster asked whether she had 
not formerly had a mynd, Mrs. Leach answered, yes. Mrs. 
Brewster replyed, yo"" mother is a weoman of wisdom, this she 
doubled, yo"" mother is a weoman of wisdome, adding, she can 



1646] NEW HAVEN COLONY RECOEDS. 245 

teach you well enough at home. Elizabeth remembreth the 
question put to Mrs. Leach w4i her answere as before, & that 
Mrs. Brewster replyed, her mother could teach her, or tuto"^ 
her well enough at home, or words to that purpose. 

Mrs. Brewster saith she told Mrs. Leach she had heard she 
was about to joyne w*h the church but now declyned it. Mrs. 
Leach answered, (as formerly to Mrs. Wackman or some other 
of the church,) it was because she fownd soe manny vntruthes 
among them, but Mrs. Brewster denyeth that shee said her 
mother was a weoman of wisdom & could teach her at home. 

7"'b'. Elizabeth saith tliat Mrs. Brewster behig asked by 
Mrs. Moore whether she saw the persons whipped for their 
vnnaturall filthjnesse about a month since, she answered noe, 
but they were cruelly whipped & that her son said he had 
rather fall into the hands of Turks, & hath rather be hanged 
then fall into their hands. 

Mrs. Brewster denyeth that eucr she spake of cruelty in 
their punishment, she rather thought they deserved more, & 
that the censure was mercyfull, nor euer did she heare her son 
speake of falling into the hands of Turks, though he spake 
somthinge pytying them that were first corrected & that if he 
were fit for death, he would rather ha hanged then soe 
whipped. 

[149] II 8thiy, Elizabeth saith that onn thefowerth day of the 
weeke, before W™ Preston was cast out of the church, Mrs. 
Brewster mett w'h some sister of the church betwixt her owne 
howse & Mr. Leaches, & seing her look sadd, Mrs. Brewster 
asked her what was the cause. The sister told her some 
passadges of W™ Prestons miscariadges for which the church 
was like to proceede against him, Elizabeth satli Mrs. Brews- 
ter related this to Mrs. Moore hi a scoffing manner, adding in 
her speech to Mrs. Moore, I looked pittyfully when I spake 
w^h the sister, as if I had bin one of them, which Elizabeth 
conceiveth she did, to draw from the sister what shee could. 

Mrs. Brewster confessed she mett w'h Goodie Charles & 
spake with her, to the purpose the chardge, (in the first part,) 
importeth, but denyeth the latter part, concerninge scoffeing 
& lookeing pittyfully, as if she had bin one of them. 



246 NEW HAVEN COLONY RECORDS. [1646 

Job & Eliza both say, that Mrs. Brewster vsed to laugh & 
scoffc at all the former passadges they have respectively 
testified. 

Qthiy. Elizabeth Smith saith, that haveing bin forth & com- 
ming in to her Mrs. howse, she heard Mrs. Brewster, speaking 
lowd to Mrs. Eaton concerninge banishment, say, they could 
not banish her but by a Gennerall Court, & if it came to that 
sliee wished Mrs. Eaton to come to her & acquaynt her w*h 
her judgment & grownds about baptizing, & she would by 
them seduce some other wcoman, & then she, the said Mrs. 
Brewster would complayne to the court of Mrs. Eaton & the 
other weoman should complayne of her as being thus seduced, 
and soe they would be banislicd together & she spake of going 
to Road Island. 

Mrs. Brewster confesseth the chardge, but saith she spake it 
in jest & laughing, she was told, foolish <fe vncomely jesting 
are sinfull, but to harden one agaynst the truth who already 
lyetli vnder guilt, may not passe vnder a p''tence of jesting. 

IQthiy. Job saith, that the last day of the weeke, being May 
the 9th J he was called vpp before Mrs. Brewster, Mrs. Moore 
& Mrs. Leach, at Mr. Leaches howse. Mrs. Brewster told him 
shee had bin where she had justified herselfe agaynst a great 
manny of his lyes & added, she would have him & his slutt, 
you & yo"" harlott, to the whipping post. Elizabeth saith that 
she being below in the howse at this time, heard the former 
words. Mrs. Brewster spake them soe lowd that, (as she con- 
ceiveth,) they might be heard into the midst of the streate. 

Mrs. Brewster denyed those words, you & yo'' slutt, you & 
yo'' harlott, to the whipping post, in refference to Job Hall. 
Mrs. Moore & Mrs. Leach being questioned about them, ac- 
knowledged such words were spoken, but conceive, yo"" slutt, 
jo^ harlott, were not reffered to Job Hall, but to them the said 
Mrs. Moore & Mrs. Leach, Elizabeth standing in relation to 
Mrs. Leach as her servant. 

The court thought it scarce probable, the whole speech being 
continued to Job Hall, that yo"" slutt, yo"" harlott should 
be reffered to others, nor is it likly that Mrs. Brewster should 
cast any appearance of blame vppon Mrs. Moore and Mrs. 



1646] NEW HAVEN COLONY RECORDS. 247 

Leach for Elizabeths miscarriadges, as yo"^ shitt, yo^' haiiott 
seeme to miport. 

llthiy. Elizabeth saith that onii the same day, May the 
ninth, Mrs. Brewster told her that she went about carrying 
lyes, to currey fauo"" to keepe her whores back from whipping, 
adding, she would call her nothing but whore and harlott till 
she had bin whipped and was marryed, then she must call her 
so noe more, & if the fellow did not come home he must take 
[150] his monney || if he can gett it, or els he must take it 
out in whippinge. Mrs. Brewster further said that Elizabeth 
told halfe truthes & halfe lyes. Bliz^ answered, her halfe 
truthes will prove whole truthes. Mrs. Brewster replyed, will 
they so, you brasen facd whore. Elizabeth answered she was 
greived for her sinne, & desired to be soe all her dayes. Mrs. 
Brewster said, she had gotten a few of the fine words. 

Mrs. Brewster dcnyed the word whore, she said she called 
her only harlott, she was told such rayling landguadge was 
vncomely & sinfuU, Micaell the Archangell durst not carry it 
soe w*h the Divell, though he had matter enough against him. 

12thiy. Job affirmeth that Mrs. Brewster, speaking at Mr. 
Leaches howse of a conference she had with widdow Potter 
said, she asked her why she was not received into the church 
agayne, widdow Potter answered, because she could not leave 
Edw : Parker, yet if they could shew her a rule for it, she 
would. Mrs. Brewster added, Parker is not vnder scandall, 
yet because he gave not satisfaction to the elder, they will not 
lett y'" marry. 

Mrs. Brewster acknowledging the substance of this chardge, 
saith that widdow Potter thought the rule they would hold 
forth would be against the marrying of him, & she conceiveth 
she heard either widdow Potter or Edw. Parker say he had 
bin with the elder, but had not given satisfaction in his ac- 
count, & therfore thought they would not let him marry her. 

Edward Parker & widdow Potter being herevppon demand- 
ed, before the Governour, magistrates & ekhs, how they vnder- 
stood the churches proceedings, whether the widdow were kept 
out because she would not part w^h Edward Parker, what re- 
ports they had made & to whom. 



248 NEW HAVEN COLONY RECORDS. [1646 

They both acknowledged severall conferences betwixt Mrs, 
Brewster and them. Edw. Parker saith he told Mrs. Brewster 
he did not know whether the chnrch were against the marry- 
adge or not, they did not make the match, nor did they goe 
about to break it off, l^ut ad\'ized them to walke according to 
rule. Mrs. Brewster wished him to take 2 or 3 witnesses & 
goe to the magistrates & desire them to marry them, and if 
they reffussed it, then before witnesses to take one another & 
goe together. Edw : Parker saith he told her he would not 
doe soe, yet she pressed the former advize vppon him 2 or 3 
tymes. That she also said the widdow should doe well to con- 
fesse in a piiblik meeting that she had done him the said Ed- 
ward Parker wronge in what she had said of him, when to 
hold forth repentance she confessed her sinne intreating mar- 
ry adge with him. He further saith that Mrs. Brewster shewed 
her dislike of the churches proceedings, & 2 or 3 times wished 
him to bidd widdow Potter come to her before she came. 

Widdow Potter saith that Edw. Parker told her that Mrs. 
Brewster disliked the churches proceedings & desired to 
speake with her, after w'^li widdow Potter going for some 
anyseeds, & Mrs. Brewster vnderstanding who she was, she 
bad her sit downe, gave her a cupp of sacke & dranke with 
her, and as she remembreth, the first question Mrs. Brewster 
asked was whj she was not received into the church, her an- 
swer, (being sometime in a hurrey of sperit & apt to lay blame 
on the church,) might probably bee, she was kept out of the 
church because she could not leave Edward Parker, though 
now she se cause to judge herselfe for it. 
[151] II The elders severally and severall times haveing 
clearly expressed themselues in such manner as might wholy 
have freed her from such apprehensions, pressing they con- 
cluded nothinge in the case, but advized her to attend and 
submitt to rule when it should be held forth, she saith further 
that Mrs. Brewster hath often advized her to make an end of 
the l)uisinesse with Edw: Parker in the way she had pro- 
pownded to him, & told her of 2 partyes in the Bay who had 
don soe, Widdow Potter also acknowledged her fault in tell- 
inge Mrs. Brewster the latter part of a speech of Mr. Malbons, 



1646] NEW HAVEN COLONY EECORDS. 249 

tliat if Edw : Parker should haiige himselfe at her dore she 
might have peace in it, but not telling the former speech wh'in 
Mr. Malbon put the weight, the whole speech running thus, 
that she should keepe close to the rule, and in soe doing she 
might have peace though he should hange himselfe at her 
dore ; she saith she concealed Mr, Malbons name, but Mrs. 
Brewster wondrd at her speech as she reported it. 

Mrs. Brewster said, Edw : Parker & widdow Potter were 
hipocrits & she would prove them soe, what they spake was to 
currey favoi" that she might get into the church againe. She 
chardged Edward Parker that comminge from the foresaid 
meetinge, he told her the govern ■■, (when he was. examjned,) 
looked wissly vppon him, as if by Mrs. Brewsters confession 
he had knowne all before, and so drew things out of him, and 
her mayde Ijeing called, spake to the same purpose. Edw: 
Parker denyed the chardge as it was layd, & the magistrats 
and ruling elder then pi'sent cleared the govern''. Mrs. 
Brewster proceeding to perticulers concerning her famylyar- 
ity w'h widdow Potter an excommunicate person, she at first 
seemed to justifie it, saying her pastour in England admired 
that none of the sisters went to one Mrs. Bennett, cast out of 
a neighbour church for obstynacy in erro"", to reclayme her in 
a way of love. The Governr answered her pastour was ab- 
sent, the court knew not what hee had spoken in the case, nor 
on what grownds, but for her to eate, drinke, & to shew such 
respect to excomunjcate persons did expressly crosse y 
rule. Herevpon she denyed she had dranke w'h widdow Pot- 
ter. Widdow Potter in court affirmed it, & added Mrs. Brew- 
ster drank to her. Mrs. Brewster said she dranke not though 
she put the cupp to her mouth, she asked whether any of the 
sacke went downe, widdow Potter said, from her carry adge & 
outward appearance she app'hended she drunke, but could 
not say what quantity went downe. Mrs. Brewster herein 
gave much offence to the court, but she proceeding said, she 
disliked not the churches proceedings, but had wished Parker 
& widdow Potter to attend rule, and for the councell she gave 
them that they should goe to the magistrates, & before wit- 
nesse desire to be marryed, & if the magistrats refussed, then 
32 



260 NEW HAVEN COLONY RECORDS. [1646 

before witnesses to take one another & goe together, she said 
she spake it in jest & laughed when she spake. Edward Par- 
ker confessed she laughed, hut said she pressed it vppon him 
two or three times. Widdow Potter affirmed the same & that 
she gave instance in a couple in the Bay who had don soe. 
The court could not allow her answer in poynt of truth, the 
evidence was stronge agaynst her that notwithstanding any 
laughing or smyling contenanc, the advize was seriouslie 
given & pressed vppon the partyes severally & uppon each of 
them severall times, & sett onn from an instance in the Bay. 
[152] II Mrs. Brewster was also chardged that contrary to an 
expresse & knowne order made by Newhaven Gennerall Court, 
she had retayled wyne both out of dores by forbidden small 
parcells, & had suffred workmen & others to sit drinking 
wyne by pyntes and quarts within her howse. She answered 
it was when there was noe other wyne in towne, & divers were 
either sicke or hadd neede of it. She was answered, she 
might have sold a butt or lesse quantity to Goodman And- 
rewes who was intrusted to retayle & must be accomptable had 
there bin any disorder, she replyed he could not make pay to 
her content. She added that Mr. Goodyeare, Mr. Malbon & 
Mr. Evance, who are of the court, sent to her for small par- 
cells, she hoped they would not lay snares for her. Mr. Good- 
yeare denyed that he had sent for small parcells. Mrs. Brew- 
ster said his wife had don it. Mr. Malbon & Mr. Evance ans- 
wered, they had broken noe order in sending & were not wil- 
ling to send for more then they must needs, on her termes. 
It was chardged that she had vsed her howse as a taverne, 
suffringe company to come in & spend their money in drink- 
ing wine by quarts & pints, she said she had suffred none so 
but her workmen, she was answered, she might not suffer 
workmen so to drincke, but heranswere was not true, as would 
bee proued if there were cause, but she seemed to fall vnder 
it. 

Mr. Malbon informed the court that Mrs. Brewster had said 
she would prove him a lyar, which he hoped she could not 
doe. 

Mrs. Brewster said what she spake was because Mr. Mai- 



1646] NEW HAVEN COLONY RECORDS. 251 

bon came to her bowse and chardged her with things he could 
not prove, Mr. Malbon affirmed the matter was true, if there 
were any mistake in circumstances, it was not cleare whether 
the mistake were in him or Jonathan Rudd. 

Edw : Parker said he could take oath Mrs. Brewster said 
she would prove Mr. Malbon a lyar, w^h being spoken against 
a magistrate, without a call, in a whisping way, besides the ref- 
ference to the ninth commandement, is an offensive, sinfull 
miscariadge, against the fift commandement, but Parkers oath 
was not required. 

Mrs. Brewster being asked what further she had to say 
either for herselfe or against the witnesses, shee was full of 
speech, offered to take hold of the witnesses & to draw them to 
her, as if she would have over-ruled their testimony ; she was 
told meeknesse & modesty would better become her in such a 
place. In anythiuge she doubted or denyed, the court would 
tak noe evidence but vppon oath, she seemed to chardge the 
court as if she could not be heard, but being reprooued for 
such boldnesse contrary to truth, she fell to justifie herselfe 
that she approved Mr. Davenports ministry. If some one 
tyme he had not expressed himselfe so clearly and fully as at 
others she propownded questions for his information, and at 
last, going to Mr. Davenports, she was fully satisfied. She 
denyed that euer she vsed the words sermon sicke, or masse, 
or high alter, in refference to the contributions. She con- 
fessed she had rather have given twice as much in a private 
way to pastour or teacher, she went because her husband com- 
manded her, yet afterwards she expresly denyed that her 
husband had commanded her. 

[153] II Dyvers witnessing against her therein, she would have 
wound herselfe out of the contradiction by saying her hus- 
band allowed her to goe, then that her husband wished her to 
goe, but she gave noe satisfaction. 

Then she laded the witnesses with reproach that she might 
disable their testimony, all of them were lyars. Job by his 
lying had bin the death of Mrs. Leach her child, w^h, (she 
not being able to prove,) was accounted a rash or false 
chardge. She saith he was taken in two lyes about lier ))eingc 



252 NEW HAVEN COLONY RECORDS. [1646 

sermon sicke, w^h he had after denyed, and that Mrs. Malbon 
had bin the occassion of his sinne in telling lyes out of dores. 
Job denyed the chardge of lying. Mr. Godfrey being called 
to it, vppon oath testified, that Job had said he had sinned in re- 
porting things out of the famyly, but Mrs. Malbon had sinned 
more in drawing them from him. Job answered that looking 
on himselfe as the accuser, he was one while discouradged 
from complayninge to the magistrate, but being at Mr. Malbons 
howse & Mrs. Malbon questioning with him about the meeting 
at Mr. Leeches howse, his owne sperit being then burdened, 
he then accounted it a call to speak what he had heard, though 
some doubts after returned. 

Arthur Holbridge testified he had heard Mr. Leech speake 
well of Job, as satisfied wUi his service & carryadge. Mrs. 
Brewster said Elizabeth was a harlott. She accused her also 
of lyinge, for proofe wherof she brought in Goodwife Elsie, 
who testified that Elizabeth had said, that would be the last 
weeke in Mr. Leeches service, Phillip fearing she might hurt 
herselfe tlierin, whereas Phillip had spoken nothinge to Mr. 
Leach or to her. Elizabeth replyed that she spake her owne 
app^hensions herin. Mr. Leach witnessed that Elizabeth from 
the first entrance into his service, was of a crooked disposi- 
tion, & apt to speake vntruthcs, & when himselfe or his wife 
had called her to account for miscarriadges she would seeme 
to be affected and promise amendement, but they could never 
see much amendement in her. 

To all w^h the Governo'" replyed, that the court would duely 
proceede against any of the witnesses according to allegation 
& proofe in due season. In the meane time he propownded 
to the court whether any thing objected & proved by Mrs. 
Brewster were of weight against them or any of them in the 
cause, or whether they would notwithstanding take tlieir testi- 
monyes vppon oath. 

W^h being duely considred, the magistrats & deputjes sev- 
erally .expressed themselves that Mrs. Brewster had proved 
nothing to disable any of the witnesses, they were therfore to 
give in evidence severally vppon oath, that the cause might 
come to a due issue. And accordingly Job Hall & Elizabeth 



1646] NEW HAVEN COLONY EECORDS. 268 

Smith, Edward Parker & widdow Potter, vppon oath testified 
all the perticulers they had respectively chardged, in mann"^ 
as is before expressed. Only Edward Parker & widdow Pot- 
ter, though they conceived Mrs. Brewster in her course & car- 
riadge disliked the churches proceedings, yet not remem- 
bring she had in soe many words expressed it, gave it not in 
vpon oath. 

[154] Mrs. Moore appearinge was chardged as followeth, 
viz^t. 

Mrs. Brewster before the governo'^ & Mr. Goodyeare, first 
in a more private way & now in court, in Mrs. Moors presence 
witnessed, that Mrs. Moore in confference about the churches 
course in contributions asked what rule there was for going 
to the high alter. 

Mrs. Moore at first denyed that ever she spake such words, 
yet afterwards seemed to fall vnder the chardge. 

Job Hall, servt to Mr. Leach saith, that Mrs. Moore in 
prayer w'h Mr. Leaches famyly saith, Lord thou hast brought 
vs indeede, indeade into a wildernesse, the wildernesse of 
Sinaj, where they are in bondadge w4i Hagar & her children, 
but let never a soule of vs, (speaking of the famyly at prayer 
w^h her,) have any fellowshipp with them. She further saith, 
when Christ assended, he gave gifts to men, some to be apos- 
tles, some prophets, some evangelists, some pastor's, some teach- 
ers, but they are gon through the world & are now assended 
into heaun. That in opposition, as he conceiveth to Mr. Dav- 
enports sermon vpon Ephesians 4, 11 verse, she added ihat 
night in prayer, that now pastours & teachers are but the 
invention of men. That in conference with Mrs. Brewster 
she said, a vayle is before the eyes of mjnsters and people in 
this place, & till that be taken away, they cannot be turned 
to the Lord. He saith further, that Mrs. Moore vseth to 
expresse content & satisfaction when Mr. Davenport holdeth 
forth the exellency of Christ in his ministry, but she saith 
she lovetli not to heare him presse for practise. 

Elizabeth Smith late servant to Mr. Leach saith, she remem- 
breth the substance of what Job saith & affirmeth, Init not all 



254 NEW HAVEN COLONY RECORDS. [1646 

the perticulers. She witnesseth that in prayer Mrs. Moore 
saith, this people are lik the people at Sinaj vnder bondadge, & 
prayetli that the Lord Avoiild take the vayle from their eyes, 
(in conference w^h Mrs. Brewster she hath spoken of a vayle 
before their eyes.) That Christ gave some to be apostles, 
some profets, some evangelists, some pasto''s, some teachers, & 
that when he ascended he gave gifts to men. But now pas- 
to''s & teachers are but the inventions of men. It is impos- 
sible they should have gifts. & that in the famyly they observe 
that Mrs. Moore is pleased when Mr. Davenport in his minis- 
try sets forth the exellency of Christ, but she loveth not [to 
heare him presse for practise. 

Mrs. Moore denyed the chardge. 

Thomas Kiml^erly saith that he being in conference with 
Mrs. Moore, she asked him what rule they had for church offi- 
cers now, he answered from Ephesians 4, 11 v. that pastors & 
teachers are appoynted for the work of the ministry, & that 
Christ hath promised his presence & blessing to them therin, 
Math : 28. 20. v. Mrs. Moore replyed Christ was with the 
apostles to the end of the world, his promise is fulfilled & 
ceaseth, she told him he did depend on the interp'"tacon of 
men. Tho"^ Kimberly asked her whether she tooke the end 
of the world in that promise to refferre only to the places 
through w'^h they should travayle. she answered yes, or to 
that purpose. Thomas Kimberly e sayinge he vnderstood it 
to be an incouradgement to the apostles & to those that should 
succeede them in the teaching offices till Christ should come, 
she'agayne told him he did depend on mens interp'"tations, 
adding, I warr*^ you take the angells to be men & church offi- 
cers, he answered he did take those angells mentioned Revcl- 
[155] lation, chapt. 2'^ & chapt. S'^ to be men ||and officers to 
the seaven churches of Asia ; she a third time told him he 
tooke the interp'tation of men. She quoted that scripture. 
He hath made his angells ministring sperits, & for exposition 
& confirmation, alleadged that of Christ, a sperit hath not 
flesh & bones ; it could not thcrfore, (she said,) be spoken of 
men as officers to those churches, and added, if he could shew 
her owne place of scripture for it she would beleivo. Tho'" 



1646] NEW HAVEN COLONY RECOEDS. 256 

Kimberly advized that if, out of tendernesse of conscience, she 
scrupiled these things, slie should attend the best light ; the 
priests lipps should preserve knowledge &c. She answered in 
a great rage, she would goe to none of them all for any truth 
of her salvacon, she was as cleare as the sunne in the firma- 
ment, & if he were not soe, she would speake noe more with 
him. After this Tho"i Kimberly went agayne to deale with 
her about her erro'' in the poynt of church officers, but she 
drew backe <fe would not heare him, giveinge only this answer, 
if she were in an erro"" it was to herselfe, he had noe author- 
itye to examine her about it. 

Mrs. Moore denyed that euer she said, pasto's & teachers 
are the inventions of men, she told Tho"" Kimberly she would 
conceale her judgm^. She acknowledged Christ was present 
with the apostles in their travayls to the end of the world, 
according to Mathew 28. 20. v. but for any other meaninge 
she dependeth not on mens interpretations, and she con- 
ceived those angells of the 7 churches to bee sperits, & not 
teaching ofiicers. She alleadged Psalme 104, 4. & Hebrewcs 
1. 7. 14. V. Tho'" Kimberly said, he had told her there were 
2 sorts of angells, some sperits, some in flesh, Mrs. Moore, 
• said he, pished at it. 

The Governo'" told Mrs. Moore she was full of erro'' not- 
withstanding ye scripturs, Angell is a name of office, signy- 
fies messengi's, & may be applyed either to those glorious sper- 
its his messeng^s. Psalm 104. 4. or to men whom God im- 
ployes in such service, as in the Eevellation. Christ was 
indead with his apostles in their worke through all their trav- 
ells, & they travelled farr, yet could not goe into euery part 
or country of the world, probably they were never in this 
lardge tract & part of the world, called America. The prom- 
ise is therfore of a lardger extent, that he would bee with 
them & their successors, such as in all ages & places he should 
imploy & send vppon the great messadge & buisjnesse of mans 
salvatio to the end of the world ; had she kept her erro'" to 
herselfe, herselfe only had bin hurt, but it is not to be suffered 
that she should blaspheame & revyle the holy ordynanses of 
Christ & the church & people of God, that she should, as 



256 NEW HAVEN COLONY RECORDS. [1646 

much as in her lyeth, by spreadinge her erro' s corrujjt others 
& disturb the peace of the place. 

Mrs. Moore againe denyed the chardge, & perticulerly that 
euer she said, pastor's & teachers were the inventions of men. 
She affirmed herselfe to he a member of a church, she was 
asked of what church, but made noe reply. She was told that 
by three witnesses it is affirmed she had vppon sevcrall tymes, 
& vppon severall occassions said, that pastours & teachers are 
the inventions of men, & against one of the witnesses 
[156] II she could have noe just exception, he is of approued 
fidelity, she said Tho^" Kimberly had revyled her, but though 
demanded, shewed not wherein. Tho™ Kimberly denyed it, 
& Mrs. Leach, daughter to Mrs. Moore, who had bin present 
at their conference, beinge asked, said, she knew noe such 
thinge. Herevppon Leiut Godfry who had lodged & dyeted 
at Mr. Leaches, & was brought in (this court) as a witnesse 
concerning Job Hall, was asked what he heard Mrs. Moore say 
about pastoi's & teachers. He affirmed that in opposition to 
Mr. Davenport, Mrs. Moore, in his hearinge, had said, that all 
those to whom Christ gave gifts are dead, & that now jjastours 
& teachers are the inventions of men. Mrs. Moore asked him 
where she spake it, he answered, she spake it in Mr. Leaches 
parlour. 

Mrs. Moore was told that the evydence was full & perticuler, 
& suffitient to convince her, yet since she seemeth not satis- 
fyed, the court, (as in such cases,) would require oath, & ac- 
cordingly Leiut. Joseph Godfrey, Tho"i Kimberly, Job Hall & 
Eliza' Smith, vppon oath testified what they had severally 
affirmed. 

Mrs. Moores daughter Mrs. Leach, being chardged, that 
vppon a question or conference about joyning with this 
church, she had said to Mrs. Brewster, (as formerly to Mrs. 
"Wackman or some others of the church,) that she somtime 
had a mynd to joync, but now dcclyncd it, because she fownd 
so manny vntruthes amonge them. 

The Govern'' asked what she said to the chardge, she 
readyly owned it, confessing she had said soe. Being demanded 



1646] NEW HAVEN COLONY RECORDS. 257 

what moued her to lay such a slanderous reproach vppon a 
church of Christ desiring to walke vprightly, & to goe from 
one to another with such a slaunder, she boldlye answered. 
She was told it was a cleare evidence of the churches integryty, 
that they could not beare with them that are evill, that as 
they are able they keepe their watch, exhort & censure ac- 
cording to rule, that vppon such a grownd any might have 
declyned Christs famyly, because there was a theife, a divell 
in it, & might have reproached that primitive pure church at 
Jerusalem, because Ananias & Saphira were fownd out & pun- 
ished for lyinge. Such discovery s & censures did & ought to 
restrayne the presumption of hipocrites, but beleivers were the 
more added, and the people saw cause to magnifye such a 
church. Acts 5, 13, 14. 

Mrs. Leach neither excussed nor replyed, but as guilty 
seemed to take the weight of the chardge vppon herselfe, & 
continueing in Court, spake vncomly for her sex & age, and 
once falsly chardged the witnesses with contradiction, when 
there was noe appearance or disagreement betweene them, soe 
that her carryadge offended the whole court. 

These 3 causes being thus opened, & proofe thus made, were 
all ready for censure, but vpon consideration of the nature & 
weight of the offences, the magistrates & deputyes conceived 
they were all proper for a higher court. By order therfore 
sentence was respited & refferred to the court of magistrates 
for the jurisdiction. 

[157] II Edward Pai^er was complayned of for going vp & 
downe spreading false reports to the defamation of Mr. Rich- 
ard Malbon, Magistrate, in saying that greater then W'" Pres- 
ton lately cast out of the church for lyeing, should shortly be 
called in question for neglecting to take knowledge of the 
drunckenesse of the boatswayne of the Adventure, and saying 
vnto him the next day after, that he would not for tenn 
pownds any had scene him as he did the last night. And this 
he reported vnto Robert Emery & Mary Emery his wife, who 
lived at Mr. Malbons farme & now testified the same in court. 
Wheras in truth, as was testified by Mr. Malbon, he seeing 
him the night spoken of runne in hast & it being darke, did 



268 NEW HAVEN COLONY RECORDS. [1646 

not thinke whom it was till he was past h'", & to his observa- 
tion he reeled as he went, but soe soone as he saw h"" the next 
day, he asked him whether he mett him not, & in what case 
was he in, the boatswayne answered, in good case. Mr. Mal- 
bon replyed that if he did miscary in this place he would feele 
the smart of it. But the former report being spread by Edw. 
Parker who said he was told so by Jonathan Rudd, who was 
told so by the boatswayne & he told Samuell Daighton. Mr. 
Malbon going to cleare it to Jonathan Rudd, Jonathan Rudd 
afterward told Edw : Parker Mr. Malbon went to cleare 
h'nselfe, but to abase h"". But Mrs. Brewster hearing of it, 
Edw. Parker said, I had rather be questioned by any boddy 
then her, for she hath a notable patte. 

Furth"", Edw. Parker going to Mrs. Tumi's from Mr. Mal- 
bous where he had killed a very fatt oxe, tells Mrs. Turner 
that Mr. Gregson was playne downright, but Mr. Malbon kept 
the best & gave the seamen the worst of his oxe, Mrs. Turner 
questioning him about it the day following, he told her she 
was a cunning weoman. But Mr. Goodyeare testified, the 
worst bit of that was better then the best of most. Mr. Mal- 
bon testified the oxe had bin two yeares a fatting, and haveing 
filled his tubbs, he was contented to spare the seamen of that 
w°h was left, & after the Ijoatswayne had scene it he said he 
would have it, but he never did as Edw. Parker reported, by 
his faire tongue prevayled wUi them to take it. Goodm" 
Walker testified that he went into the cellar w'h the boat- 
swayne to shew him the meate, & did shew himselfe willing in 
his hearing to have it. 

Mary Pery testified that they were told that if they liked it 
not they should leave it, & that she had had some of the 
shoulder & it was very good meate. 

Edw. Parker fell vnder that speech of his wlierin he had 
said Mr. Malbon by his faire tongue had prevayled with them 
to take the beefe, & for his defaining of him, & by his false 
reports seekeing to take away his good name, as the breach of 
the 5ti> and ninth commandem'^, submitted himselfe to the 
court. The centence of the court was that he should pay five 
pownds as a fine to Mr. Malbon for his defameiug of him, & 



1646] NEW HAVEN COLONY RECORDS. 259 

be imprisoned the courts pleasure. Mr. Malbon informed the 
court, vppon Edw. Parkers petition to the coiirt for release 
from imprisoum* and further acknowledgm* of his evill wUi 
more answerable affection, that he would not inrich h'"selfe 
in this way, but remitted freely the fine, & the court freely 
released him from his imprisonment, vpon hopes of this being 
a warning to him how he transgresse in the lik kind, for if he 
did, it would not passe so easylje. 

Phillip Galpin and Elizabeth Smith,* standing guilty of for- 
nication and defyling themselues, w'^h was tlic breach of the 
7"' commandement, both fully acknowledged it & their sinne 
in it, & expressed their sorrow for it. The centence of the 
court was, that both of them should be publiquely whipped, 
Phillip at present, & Elizabeth being now w^h child, the exe- 
cution of the centence was respited vntill she was deliuered. 
[158] II Samuell Swayne complayned of Mr. Mullyner for 
neglecting of traynings, watchings & bringing of his armes 
when it was his turne one the Lords days. 

Mr. Mullyner acknowledged he had neglected it & pleaded 
he had not done it in Newhaven nor in the Bay, but for what 
has bin done by him he submitts to the court & promiseth 
amendement. Samuell Swayne desired the jugment of the 
court for the time that is past, & that he be ordred for the 
time to come. Tlie court agreed that he doe the service for 
the time to come, & for what is past the court will further 
consid'' of it. Samuell Swayne desired to know whether all 
from 16 to 60 should trayne, if they had bine magistrats 
elswhere. The Courts answ^er was that it was mcete to 1)e 
respited vntill the next ^ennerall Court for the jurisdiction, 
provided they be all furnished with armes. 
Ricd Pery, Plant. 
Luce Brewster def. 

[The remainder of this page and also pages 159 and 160 are blank.] 
* In the margin, " Phillip Galpine and his wife." 



260 new haven colony records. [1646 

[161] At a Court of Magistrats held for Newhauen 
Jurisdiction June l^i' 1646. 
Wheras Thomas Fugill vpon complaynts from the gen" 
Court at Newhaven, was two monthes since summoned to this 
Court of Magistrats to answere severall miscariaclges <fe offenses 
chardged onn him, but then through indisposition of boddy, 
(as was proffessed,) he could neither appeare nor give an an- 
swere as the case required, and since, the said Tho™ Fugill 
hath l3in selling off part of his goods & hath expressed some 
purpose of a voiadge or remove; vpon a motion made this 
day by Mr. Wackman, the court sent Mr. Francis Newman 
and Mr. Gibbard to the said Tho'" Fugill requiring him, either 
by himselfc or by his deputy, to make his defence, & had this 
returne from him, that being still payned in his head, he could 
neither appeare personally, nor was he prepared to answere by 
any other, if the court would proceedc he should submitt, but 
wished them to looke to their evidence; w^h answer was 
thought overbold & vnco"'ly for a man vndcr such apparent 
guilt. It is therfore ordered, and by this Court hee is re- 
quired, that he neither proceede further in sale of his goods 
or estate, nor remove from the plantation, till (as before) he 
either answere the court of magistrats, or Newhaven court, 
w^h such magistrats as they shall call in to asist them, for his 
severall miscarriadges, if hee doe otherwise, the court shall 
take it as a contempt and proceede accordinglie. 



At a Court held at Newhauen this T''^ July, 1646. 

James Steward for a defective worme & scourer was fined 
6% he haveing deluded the officers w'h another mans amies 
when his owne were defective. 

Mathew Row for haveing a foule gunne was fyned 1«. Mr. 
Peirce wanting a rest fined 1^ 

Roger Knap for wanting bullets, scourer, belt & rest, fined 5^ 

Edw. Parker defective gun & touchole fined 1^ Robert 
Preston defective gufie & wanteing a scourer fined 2^ 



1646] NEW HAVEN COLONY RECORDS. 261 

Jn° Benham for a foule locke fined 1^. Edw. Chipfeild 
haveing a foule lock, wanting a pownd of bulletts, liaveing 
often vsed meanes to have bin better provided was fined 1^ 

Jn° Kimber wanting bullets fined 1^ W"» Pert haveing a 
foule gune & wanteing a new touch-hole was fyned 1^, 

Rici Newman, Fran: Browne, Robert Vsher, W™ Bassett & 
Tho™ Beech for their defects in their guns, fyned 1" a peice. 

Geo. Banks fined 1^ for want of a belt. 

Sam. Wilson defective cock of his peece, & his bandoliers 
wanteing covers was fined 5^. 

Benjamin Wilmott defective sockett & bullets, fined 1^. 

Jam. Hey wood wanting match, fined 1^. Mihill Palmer 
wanting worme & scourer, fined 1^ 

John Morse beinge bidd to walke the rownds on a Lords 
day, came into the meeting howse & stayed there, so that the 
service was neglected, fined 10^ 

James Steward was complayned of for severall disorderly 
expressions and contempt of the magistracye in this place. 

James Steward haveing bin prest by Mr. Malbon for to help 
mend some of the to wne highwayes, vpon the intreaty of Mr. 
Newman & Mr. Crayne, hee at first grumbled at it, at length 
said he would chuse his time if he went, however vnwilling he 
was to goe, although others had expressed themselues willing 
as much strejtned as himselfe, but being told that if he went 
not it would bee accomted a contempt, then he said he had noe 
tooles. Mr. Tuttle tendred the lending of him tooles, pro- 
vided he would make them good, his answere, as Mr. Tuttle 
testified, was that he would not come into their claues or 
pawes. 

James Stewards answere was that he being charged by Mr. 
Malbon to attend the service, he wondred whj himselfe more 
then other freemen should bee pressed, but howsoever, he 
sought for Luk Atkinson to have gon in his roome, but he 
would not mak good tooles, but he intended seing he could 
not get Luk, to have gon, but it rayned. 

John Coop being w^h Mr. Tuttle one morning at the gate, 
James Steward came along w'h his cattle, & said what must I 
help you work ? then Jn° Coop said, you must help the towne. 



2^^ NEW HAVEN COLONY RECOEDS. [1646 

James answered he was vnsetled & wanted tooles, Mr. Tuttle 
offred h™ tooles, bnt if he brak them he should mak them 
good, he said noe he would not nor come in their pawes or 
clawes, wherevpon Mr. Tuttle told him he must make good 
the tooles. Jn" Coop added, wh'i it left rayning oth''s came, 
as Jn° Kimber & others, but not himeself, & next day would 
not, could not, if had not 6^ p day, & he told Roger Knap he 
was a foole to goe so easylie. 

[162] II The centence of the court was, that for his contempt 
of the surveyor's, magistrate & magistracy, he should pay five 
pownd as a fine, <fe be imprisoned the courts pleasure. 

Edw, Parker & his wife p''sented their desires to the court 
to invest Jn" Potters two sons in the right of their fathers land 
& howse, & declared themselues willmg to bestow a hejfer of 
a yeare old on Hannah, & deliuer it presently for her vse, & 
so to be improved as a stock for her, &c. as F a perticuler 
writting in the hand of the secrettarie, made & signed by both 
of them before the governour, deputy governour, & magistrate. 

Pawquash a Quillipiock Indian was first complayned of for 
leavemg open the Oystershelfeild gate, & damadge being done 
therby refussed to give any satisfaction. 

Secondly, he about 4 years since came into Mr. Craynes 
howse when they were blessing God in the name of Jesus 
Christ ; and that he then did blaspheamously say that Jesus 
Christ was mattamoy & naught, & his bones rotten, & spake of 
an Indian in Mantoises plantation assended into heaven, w^h was 
witnessed by Mr. Crayne, Mrs. Crayne, Mrs. Ling, W™ Holt, 
Goodie Camp. The centence of the court was the he should 
be searverly whipt for thus scorning at o"" worshipping God & 
blaspheame the name of our Lord Jesus, & informed h™ that 
if he should doe soe hereafter or now, it had bin against the 
light he now has, it would hazzard his life. And for the 
damadge by meanes of the gats being left open, he was to pay 
6s to Tho™ Knowels. 

Thomas Fugill appearing now before the court, was first 
desired to give answere to the court whj he had soe long held 
them vnder delayes ; his answer was, that it was true he had 
bin sent for oft, but although it might be conceived he was able 



1646] NEW HAVEN COLONY EECOEDS. 263 

to come, yet his bocldyly weaknesse was such & soe great that 
it hindred him, & that once he attempted to put forth nature 
to the vtmost & he had smarted for it. 

Secondly, he being sent for the last court of magistrats* 
sitting, & he returned this answer by Mr. Fran : Newman & 
Mr. Gibbard, that if they pleased to pceede, he was not pre- 
pared but wisht them look to their evidence, W-h was thought 
too bould an answer; he denyed it, wherevpon Mr. Fran: 
Newman & Mr. Gibbard informed the court it was truth, & 
that they were far from making the most of it, for they told 
not w^i what frame of sperit he expressed himselfe. 

Thirdly, that after an order left w'h you, made by the court 
of magistrates, wherin hee was ordred to sell nothing vntil he 
had attended the court, yet he had gon about to sell somthing 
since, w^h he acknowledged true, he had treated w^h old 
Goodman Wilmott about some swyne. 

Fourthly that this day he sends a noate to the court, & 
cometh not himselfe nor sends a deputy. Thomas Fugill an- 
swered he was vnder two heavy e sensurs. First, the losse of 
his place, 2^^y, the centence of excomunj cation. And for the 
vnrighteousnesse he stands chardged w'h, in taking in & de- 
tayning of land vnder the West Rocke w^li was not his owne, 
but the townes, he said he did it not w'^h any intent to deceive 
the towne, & that land was not judged worth more then 12*^ 
an acre. Secondly for the chardge of falsifyinge orders, he 
expected not to have bin questioned about it, therfore he is 
not provided for it. He being asked by Capt. Astwood, why 
he was not pi'pared to give answer to the 2^1 thing, he answer- 
ed he vnderstood not ; and added, he did not add those words 
in the great book chardged to be don by h™, since Mr. Cheev- 
ers read the order, however he fayled in putting in, w'hin the 
2 myles, & said he neur said to any, it was a bowndlesse ord"", 
because it is said, as much as he desires. 

The plantifs desired the court the overplus of land might 
rcturne to the towne, & his proportion kept w^hin the two 
rivers & w^hout the two myles. 

[163] The centence of the court was, ||that for his vnwright- 
eousnesse in taking in & detayning of the townes land, and 



264 NEW HAVEN COLONY RECOEDS. [1646 

falsifyeing of orders, & his contempt of the court, Thomas 
Fugill should pay 20' fine to the towne, and that the land be 
reduced to its dew bownds, according to the first grant, 
namely, betweene the two rivers and wUiout the two myles. 

It was ordred vpon Edward Hitchcocks informing of the 
court that the time was out that he was to enjoy Goodman 
Budds meddow, Mr. Francis Newm^ & John Cooper be valine d 
what the grasse is worth & that it he accounted for in rates. 



At a Court held att Newhaven the 4'^ Aug. 1646. 

Henry Lindoll informed the court that W"* Ball had told 
him that his peice was chardged, & he blowing through it, 
went & knoct it, & out came 4 bulletts, but he fownd noe 
powder. Jerymy & Thomas Osborne affirmed that there was 
noe powder scene to come out of the peice. Richard Fydo 
informed the court that W"' Ball told him laughingly, that 
he knew there was noe powder in his gune. 

For w^li guilfull carriadge of his & vntruth vnto the m"" of 
the watch, W™ Ball was fined 40^ & to pay the chardges of 
them that have attended vpon the court. 

Whereas Benja : Hill, form'"ly warned to the court & appear- 
ing not, was entred a contempt, the m''shall not being cleare 
he gave him meete warning, the contempt was taken of, & he 
fined for his defective scourer 6^ . 

Ric^' Perys action w^h Goodm" Bishopp was refferred vntil 
next court. 

Joseph Brewster absent on a trayning day, was fyned 5% & 
for want of a worme & scourer 12'*. 

Jn° Thomas, gun being defective, Avas fined 1^. 

W'" Blayden complayned of by the m''shall for nonepay- 
ment of his fines, it was ordred that he pay them by the next 
court, & if he did not a stresse should be made. 

Mr. Joshuah Atwatter desired the justice of the court about 
some naylcs that Tho"' Robinson had stole from the sliipp, 
vizd W^ I at 8d ¥ 111. Ordred by ye court that 11^ more then 



1646] NEW HAVEN COLONY RECORDS. 265 

the iiayles bee stopt in the treasurers hands vntil hee shew 
cause to the contrary. 

The m«"shall informed the court that he had sent vnto Geo. 
Ward for his fyne & his answere was, that for tlie present he 
knew not or could not tell what answere to send. It was 
ordred he should be warned to attend the next court. 



At a Gen'i Court held at Newhaven this 16*h a.ug. 1646. 

Brother Benham & bro. Glover had liberty to dept the 
court. 

The former order about swine was confirmed. 

A protest from the Dutch Governour* was read in court, & 



* " The protest came in Lattyn, the contents in English are as followeth, 
Wee Willyam Kieft, Gen''all Director, & the Senate of New Netherland, for the 
high & mighty Lords the States of the United Belgickc Provinces for his excellency 
the Prince of Orange & for the most noble Lords the Administrafs of the West India 
Company, To thee, Theophilus Eaton, Gou''nor of the place by us called the Red 
Hills in New Netherland, (but by the English called New Haven,) we give notice, 
That some yeares past, yours, without any occasion given by us, & without any 
necessity imposed upon them, but w''' an unsatiable desire of possessing that w'^h is 
ours, against our ptestacons, against the lawe of nations, & against the antient league 
betwixt the kings ma'ie of Great Brittaine & our Superio", have indirectly entred the 
lymits of New Netherland, usurped diu^s places in them & have beene very injurious 
unto us, neither have they given satisfaction though oft required. And because you 
& j'ours have of late determined to fasten your foote neere Mauritius Ryver in this 
Province, & there not onely to disturbe our trade of noe man hitherto questioned, & 
to drawe it to yselves but utterly to destroy it, we are compelled againe to ptest & 
by these p'sents we doe ptest against y" as aginst breakers of the peace & disturbers of 
the publique quyet, that if y" doe not I'estore the places y" have iisurped & repaire 
the losse we have sviftered, we shall by siich meanes as God affoards, manfully recour 
them, neytherdoe we thinck this crosseth the publique peace, but shall cast the cause 
of the ensuing evill upon you. Given in Amsterdam Fort Aug. 3. 1646. new stile. 

WILLYAM KIEFT. 
" The answer was returned in Lattin to the sayd ptest, the contents as followeth, 
To the Right Wor" W"> Kieft, Goumor of the Dutch in New Netherland, 
S''. By some of y" I have lately receaved a ptest under y"^ hand dated August the 
3i 1646, wherein y" ptend we have indirectly entred the lymitts of New Netherland, 
usurped diu>^s places in them, & have offered you many inuries; thus in gen'all & in 
reference to some yeares past, more particularly to the disturbance, nay to the utter 
destruction of y"" trade, we have lately set foote neere Maui-itius Hya" in that Province. 
We doe truly pfesse we know noe such Ryu'', neither can we conceave what Ryur 
yu intend by that name, unlesse it be that w'^h the English have long & still doe call 
Hudsous Ryu''. Nor have we at any time form''ly or lately entred upon any place to 
W^h y" had or have any knowen tytle, nor in any other respect beene inurious to ya. 
It is true we have lately upon Paugaset Riu"", w<=h falls into the sea in the midst of 

34 



266 NEW HAVEN COLONY RECORDS. [1646 

an aiiswere to the same sent, and directions given to them 
that keep the trading howse. And it was fully & satisfye- 
ingly voted, that the court would mak good their titles here, 
& at the trading howse, & leave the issue of things to God^ 
whateuer they may bee. 

Nehemiah Smith's request was read, viz^^ 

These are the propositions I thought meete in wrighting to 
propownd to yc worP^, ypon w^h I desire land. 

First, that I might have for myne owne propryety 20 acr. 
of vpland & 10 acr. of meddow. 

2'^'y, that I might have it vpon that hill where I have made 
a sheeps penne, of the south side of the hill of Mr. Malbons 
cove, because the sheepe may have the ayre of the sea in the 
summer time, lyeing 4 square by reason lesse chardge will 
fence it. 

S'^iy, also I desire when the sheepe doe returne, I may have 
20 acr. more of vpland, & 10 acr. of meddow, for w^hout 20 
acr. of meddow I can doe noe good w^h keepeing the sheepe. 

these English plantacons, built a small house within c owne lymitts, many miles, nay 
leagues from the Monhattoes, from yo"^ trading hoiise & from any part of Hudsons 
Ryu'^, at which we expect little trade, but can compell none. The Lidians being free 
to trade w'h y", us, Conecticaut, Massachusets or w'h any other, nor did we build 
there till we had first purchased a due tytle from the triie proprietors. What inuries & 
outrages in our psons & estates, at the Manhattoes, in Deleware Ryu"", &c. we have 
receaved from y", o"^ form"^ letters & protest doe both declare & pve, to all w^h y" 
have hitherto given very uusatisf3dng answers, but M'hateu"^ o"" losses & sufferings 
have beene, we conceave we have neither done or returned any thing, even to this 
very day, but what doth agree w'h the lawe of God, the lawe of nations, & w<h that 
antient confederacon & amity betwixt o' superiors at home. Soe that we shall read- 
ily refer all questions & differences betwixt y" & us, even from first to last, to any due 
hearing, examination & iudgemt, either heere or in England, & by these psents wc 
doe refer them, being well assured that his }iW"^, o'' Sou^'aigne Lord Charles, King of 
Great Brittayne & the Parlyanient of England now assembled will mayntaine their 
owne right & our iust lyberties against any whoe by uniust incrochemt shall wrong 
them or theirs, and that yo'' owne principles, upon a due and mature consideracon, 
will alsoe see & approve of the righteousnes of o'' pceedings. 

New Haven in Newe England T. EATON. 

Aug. 12"' 1646. ould stile." 

Records of the United Colonies, Sept. 1646. 

Van der Donck, as cited by O'Callaghan, Hist. N. Netherland, i. 375, says in allu- 
sion to this post, " The English of New Haven have a trading post on the east or 
southeast side of Magdalen Island, not more than six (Dutch) miles from the North 
River; for this island lies towai-ds the upper part of the North River, twenty-three 
(Dutch) miles and a half higher up than Fort Amsterdam, on the east bank." Mag- 
dalen Island is on the east, side of Hudsons River a little below Redhook, upper land- 
ing, Dutchess county ,'N. Y. 



1646] NEW HAVEN COLONY RECORDS. 267 

Also that it may be the hithermost of the Oyster River, & y' 
I may cutt timber for fenceinge vpon the common, by reason 
there is litle timber besides wahiut vpon that land. 
[164] II This being granted, I shall doe what I am able for 
the keepeing the townes sheepe & the good of them. This 
I desire may be granted as speedyly as may bee, that I may 
provide for them against they come. 

Nehemiah Smith. 

The abovesaid request of Nehemiah Smith was granted to 
him according to his propositions in the close of his wrighteing 
if it be accepted. 

It was ordred that the surveyour should runne the lyne on 
this side Mr. Davenports farme, from the stone, east & by soiith 
120 gr. parrallell to the other. 

Mr. Davenport propownded that men would sow one & the 
same grayne in their quarters, wh. was respited. 

Mr. Gibbard & Mr. Francis Newman informed the court, 
that for Mr. Gregson's & Mr. Wackmans quarters highway to 
their meddowe, w^h is in that place called Mr. Malbons med- 
dow, the way vnder the rocke they apprehend is best & meet- 
est, although not without inconveyniency to the subburbs 
quarter, & deviding their lands, w^h was respited to further 
consideration. 



At a Court held at Newhaven the 1 Sept. 1646. 

Bro : Edw : Wigglesworth hath sould his howse & home 
lott vnto Samuell "Wilson. 

Mr. Francis Newman hath sold his howse & home lott, 13 
acr. vpland w'^hin two myle, & 4 acr. meddow vnto John 
Herryman. 

Bro : W"' Fowler informed the court that his bro. John 
Caffinch had taken vpp a horse of his & did denny to deliuer 
him vnto him, but said it was his. W™ Fowler brought Mr. 
Pell, bro. Myles, Rich'^ Marden & Mr. Gilbert, who informed 
the court they tooke that horse to bee W'" Fowlers, vppon sev- 
erall grownds. 

Mr. Caffinch affirmed the horse was his, and brought Mr. 
Newman, Ric'^ Smolt, John Guernsie and Jn° Downe to 



268 NEW HAVEN COLONY EECORDS. [1646 

informe the court that the horse was Mr. Caffinches vppon sev- 
erall grownds, w'h much confidence ; at length it was respited 
vntill further light, none of either syde being cleare enough 
to make oath. 

Richard Marden being fownd asleepe at the watch-howse 
dore fyned 5^ 



Hen. Bishop haveing in court chardged Ric'' Pery with 
takeing a false wrighteing from Goody Ball & presented it in 
court, w^h Ric'i Pery apprehended a slander. 

Richard Pery said that at his first goeing, he writt the 
wrighteing mixed w'h some characters, & writt it as his owne 
words, but his father* desiring him to wright it out playne 
& considering that she related the story as Susans, he then 
write it as Susans, & then he went againe & desired 
Goody Ball to set her hand to it ; he pulled out the wrighte- 
ing & began to read, & desired her to deale truly, for som- 
thinge shee told him concerning her bro. Russell, he fownd 
was not soe. Goody Ball propownded a question, is such a 
thing in ; what it was he had forgott, but he told her it was 
nott. Saith Henry Bishop, is it not ? then I will say the 
wrighteing is not true. 

Goody Ball saith that that wh. was left out of the wrighte- 
ing was, that Mrs. Eaton denyed, & he writ she had not done 
it. 

Further Ric'' Pery said he did not present the wrighteing 
to the court, but left it at ho'", as he told his wife he would, 
& that because he would not lay himselfe vnder a temptacon, 
& he said, indeed last court he had it in his pockett, but it 
was his erro"^ & mistake. 

The Go"" said, Hen : Bishopp, the theing is whether you made 
a right chardge in saying he presented a false wrighteing to 
the court. 

Hen. Bishop said he should prove that he said lie had a pap 
in his hand & said, here is her testimony. Goody Ball testi- 
fied that when she was speakeing Mr. Pery had a pap in his 
hand & said here is her testimony, I took from her mouth. 

* i. e. Mr. Malbon. 



1646] NEW HAVEN COLONY RECORDS. 269 

Mrs. Brewster said when Goody Ball was about to speak, 
Mr. Pery said, (haveing a pap in his hand,) here is her testi- 
mony. Mrs. Russell saith to the best of her remembrance, 
when her sister was speaking, Mr. Pery said, here is her testi- 
mony, holding vp a pap in his hand. Mr. Cheevers said there 
were such passadges of Mr. Pery in court. John Nash said he 
was in the court & neare Mr, Pery, & I saw not nor heard 
such words of Mr. Pery. But the Gof said thus to Goodm^^ 
Bishop vpon his speech, why doe you say soe, seing there is 
noe pap p^^sented presented to the court. And there was noe 
reply made. 

[165] II The second part of the chardge was, Goody Ball 
saith that Mr. Pery writ that Mrs. Eaton had not lycn w^h 
the Governour, when he should have writ that she denyed as 
she said. Allen Ball saith that at Mr. Pery's second coming 
he said that he had said it to severall that Mrs. Eaton denyed 
to lye wUi the GoVni", but that woiild nothing advantadg 
Mrs. Brewster. Dorithy Ball saith that Mr, Pery said, he 
would not denny that he said she denyed to lye, but if any 
said that he said she denyed conjugall fellowP, he must have 
put yii to prove it. 

A wrighteing taken by Mr. Malbon from Allen Ball was 
read in court. 

Before they took oath the Governour told them the waiglit 
of an oath & wished them to he wary in it. Vpon some 
speech of Mr. Pery's, the elder & Mr. Cheevers were sent to 
Mrs. Malbon* & Mrs. Malbon, to know if they had anything to 
except against the witnesses. They returned this answere. 
Mrs. Pery gives two reasons why her oath may fnot be tak", 
first because she did not deliuer it so in court, 2'i'y because 
she hath heard she will affirme a thing & deny it againe pres- 
ently. 

The court declared that they saw not that in what had binne 
said w<=h should hinder their testimonys, although Mrs. Mal- 
bon hath jealouzyes that she will speak vn truth, yet can prove 
nothing to disable her testimony. 

* A slip of the recorder's pen for " Mrs, Pery," as the context shews. 



270 NEW HAVEN COLONY RECOEDS. [1646 

Allen Ball testified vppon oath, that his wife & Susan & 
Mr. Pery, being in the pynace, they were speakeing they m«"vel- 
led sucli reports were in the Bay about Mrs. Eaton, his wife 
answered she thought they were false ; saith Susan, Mrs. 
Eaton would not lye w'h her husband since she was admon- 
ished, but caused her bedd to be removed to another roome. 
but Mr. Pery writ, they lay apt, & left out, she refused, as his 
wife had said. And this he acknowledged afterward. 

Dorithy Ball testified vpon oath, that Susan said that Mrs. 
Eaton would not lye with the governour since she was admon- 
ished, but caused her bedd to be removed into another roome ; 
so she told Mr. Pery, & he write they lay apart & left out she 
denyed, & acknowledged when she came afterward that he 
had left out refuse, & writ lay apart. 

The centence of the court was that the cause must goe 
against Mr. Pery, & he must pay the chardge of the court & 
the damadgc of Hen : Bishop's attendance & his witnesses, 
w'^h the court conceives from Henry Bishopps ownc words to 
be 10^ Allen Ball saith that the first time Mr. Pery was not 
chardged w'li the thing in refference to Susan, but to him- 
selfe, but the second time hee writt it in refference to himselfe. 



At a Court held at Newhaven the Q^^ of October, 1646. 

Mr. W'n Tutle & Jeremy Watts complayned off for sleeping 
at the watch-howse. Mr. Tuttle said he was overcome, & 
Jeremy l)eing centinell, sat downe onn the threshold & slept, 
but confesseth his fault & hopes it shalbe the last. Mr. Tutle 
was fined 2^ 6"^ & Jeremy Watts was fined 5% y^ court desir- 
ing it may be a warning to them Ijoth. 

Richard Marden wanting all armes save a sword, was fined 
5% he neglecting to vse due care to bee provided. 

Samuell Marsh was complayned of for absence two trayning 
dayes, but he being seeking cowes, it being in the spring, y" 
catle being lyable to be swampt, it was satisfy eingiy passed by. 

Allen Ball complayned of for a defective tricker, but it 
havcing passed so for three years together, & he promjseing 
to mend it, was passed by. Also he was late on trayning day 



1646] . NEW HAVEN COLONY RECOEDS. 271 

in the afternoone, he bemg w^h his sister Fiigill vpoii her 
depture it was passed by. 

Hen. Gibbons, late in the afternoone one trayning day, his 
answere was his head aked, & he went into the meeting howse, 
but suddenly came & treyned that afternoone. It was passed 
by, first because he was not well, 2 because Goodm" Banister 
& Corpii Leavermore were intreated by him to wak h™. 

Corp'i Leavermore Ijeing late one trayning day in the after- 
noone was fyned 1^. Also totaly absent on a squadron day, 
w^h was respited. 
[166] II Caleb Seaman wanteing armes was fined 10^. 

John Sackett & Henry Morrell for wanting rests were fined 
6^1 apeice. 

John Speede wanteing worm & scourer, fined 1^. 

Henry Gibbons two squadron trayning dayes absent, once 
fier in the lotts hindred him, for the fier had caught hold onn 
the fence; the last day he was at Mr. Goodyears farme, for 
well he was fined 5^. 

Samuell Marsh absent one squadron trayning day, fined 
2« 6d. 

Ralph Loynes came late to trayning in Aprill, was fined 1« ; 
for the want of a rest he was fined 6''. 

Samuell Cabell, Adam Nichols, being warned to the court 
& not coming themselus nor gave notice of their submission, 
ordred to be warned against the next court, & then to answere 
for their contempts. 

Edmund Tooly was absent 3 trayning dayes, of w^h 2 of y'" 
he was not well & fined 5^ for not comming the third. 

Vincent Meggs, absent the 14^'' of June, was fined 2« 6*^, 
but if he bring proofe that he trayned twice in one fortnight, 
the fine is to be remitted. 

W™ Blayden complayned of for nonpaym' of his fines, he 
intreating forbearance one month longer, it was given him. 

Thomas Blatchley haveing formerly given the court some 
offence, & neglecting the imadge of God in magistrats, & goe- 
ing away soe irreverently and sayeing he would have justice 
in another place if he had it not here, w^h now lyeing on his 



272 NEW HAVEN COLONY RECORDS. [1646 

conscience, desirs to clearc liimsclfe, wlierewUi the court was 
satisfied. 

Samuell Marsh was warned by Mr. Crayne, who had an 
estat in his hand, & finding him defective in ordring it for 
either of their comforts desired a hearing of the court ; at 
length when much debate had bin, both did agree to put it 
vnto arbitration. Samuell Marsh declaring himselfe willing 
to leave the farme, Mr. Crayne accepted it, & Mr. Crayne 
chose Anthony Thompson, & Samuell Marsh chose Goodman 
Myles, w^h liberty that if they did not agree, they should 
chuse an vmpire. 

Samuell Daighton, absent one squadron day & one Lords 
day, fined 3^ 6"^, if he cannot give satisfyeing answere. 

Samuell Cabells lock of his peice being defective, was 
fined Is. 

Georg Banks, for wanteing a worme & scourer, 1% absent 3 
squadron traynings fined 7^ 6'> & absent one Lords day fyned 
2% 10-^ 6J in all. 

Goodm" Johnson haveing a lott that was his brothers 
desired to cleare to the court his proofe for what he posscsseth. 

John Punderson said he had almost forgott, but Samuell 
Whithead & he heard Thomas Fugill expresse as 'l^ the noate 
vnder his hand appeareth, viz'i. 

When Jno Johnson was p^'paring to goe to the Bay, he told 
mee he had sould his liowse & accomodations belonging to 
it, vnto his Ijrother (vizf^) Robert Johnson for the -iO' he said 
I knew he received in Old England, vpon condicon, that if he 
should see it liis way to come back & live here, then he might 
have it, paying to his brother the said -lO^, & what chardges he 
should lay out about it, or if lis brother should sell it to come 
& live in the Bay, 40^ of the price he should keepe to himselfe 
& pay the overplus to him, only deducting his chardges. But 
if the said John should not returne, & the said Robert his 
l)rother should resolve to setle here, then the said Robert 
Johnson should have it forever, for the said 40^ ; this is the 
substance of the agreement as the said John related it to mee, 
witnesse my hand. 

Tho: Fugill. 

Bro. Tharpe said his m'' said to li»' his bro: was to have his 
howse'ife lott, but if he returned he was to have it againe, re- 



1646] NEW HAVEN COLONY EECORDS. 273 

turning to his bro. what he had of hi'". By all w^h, finding 
as yet the proofe defective, the court determine nothing in the 
case, wanting further light. 

Tho'" Fugill hath sold 6 acr^ of land in the Necke vnto Rob- 
ert Johnson, he paying 30^ to Geo: Downing & the rest in 
cartadge, as Allen Ball witnessed and a noat vnder Tho"» 
Fugils hand p^'sented in court by Robert Johnson appeared. 



[167] At a GenI Court held the 7^1^ of October, 1646. 

The Governo'" acquaynted the court that sundry miscar- 
iadges by drinke hath bin of late, by whom he cannot come 
to the true knowledge off & where it hath bin liadd. 

Bro. Andrewes propownded that he might lay downe the 
ordynary. 

It was ordred to prevent that excesse of drinkeing, that God 
may not be dishonored nor religion reproached, that wine & 
strong watters, that wyne S^ strong waters bee drawne only at 
the ordynary. 

The neglect of finishing the pewes was remembred, & them 
that should doe them & the chest for the pyks were desired 
forthwith to dispatch them, that the seating of people may goe 
forward. 

It was propownded that helpe might be affoarded to launch 
the shipp, for Goodman Paule informed the Governo'" that the 
keele would rott if it were not launched before winter. Bro. 
Leeke had liberty to draw wine for them that work at the 
shipp. 

It was propownded that the marke of swine be brought into 
the pownder. 

It was propownded that W'^^ Meaker might be loader to mill, 
& it was ordred that for a 12 month he bind himselfe to goe 
in all seasons except vnseasonable weather, <fe further it was 
ordred that if any cary their owne corne, yet that they carry 
not for others. 

And that before any give over that are chosen to any service 
of the towne, as to view measures & weights, and sealing 
35 



274 NEW HAVEN COLONY RECORDS. [1646 

leather, others are to be chosen, but vntil then they that are 
in those imployments are to continew. 

Bro. Richard ]\Iansfeild had liberty e to dept the court. 

Goodman Bassett, Henry & Joseph Peck desired to cutt 
woods on the common, wch was granted, provided it be accord- 
ing to the approbation of the viewers. 

Those that desire land to be layd out to them amongst the 
small lotts were desired to bring in their names to the secre- 
tary. 

Edw. Hitchcocke propownded to the court for a dispensa- 
tion of bringing his armes on the Lords dayes, bee he bringing 
his children was therby disabled of comming so soone as he 
ought if at all with them. But it was respited. 

It was propownded to the court whether it were their mynds 
that men should come to traynings or watchings without 
powder and shott. It was therevpon ordred that every time 
men come to either, they bring 4 chardges at least of powd"" & 
shott. 

Bro. Whitnell & bro. Russell promised to help about the 
seats in Tho"" Morris h^ roome. 



At a GenI Court held at Newhaven the 26^^ Octo. 1646. 

Tho™ Wheeler had leave to dept the court because of some 
ingadgem^s against y" 4"' day next. 

Mr. Francis Newman, Mr. Gibbard, Mr. Crayne & Goodm" 
Gibbs were chosen deputjes for Newhaven monthly courts this 
yeare ensewingc. 

Mr. Jno Wackman, Mr. Ezekiell CheeVs wer chos" deputyes 
for the jurisdicon generall court. 

Mr. Joshua Atwater was chosen treasurer for Newhaven the 
yeare enseweing. 

Richard Pery was chosen secretary for Newhaven the yeare 
enseweing. 

Tho™ Kimberly was chosen m'^shall for the yeare enseweing. 

The pticuler court of Newhaven, w'li Mr. Evance & Mr. 
Wackman were chosen auditours for the treasurers accompts. 



1646] NEW HAVEN COLONY EECORDS. 275 

Bro. Daris & bro. Fowler were chosen surveyor's of the 
high-way es on that side the towne. 

Bro. Cooper & bro. Mansfeild cliosen surveys for the other 
side of the towne. 

Bro. Andrewes & bro. Abrah"" Bell were chosen viewers, 
that noe spoyle of wood bee made in the commons, also that 
they look to the tanni's, thai wast be not made of timber by 
barkeing it which may prejudice the towne. 

Bro. Davis & bro Phillip Leek chosen view^ of measurs, 
as bushels, &c. 

Bro. Francis Newman & Mr. Gibbard chose to look to the 
waights & licquid measures and yards and ells. 

Leiut Robert Seely had liberty of the court to goe for Eng- 
land although a publick officer. 



[168] At a Court of Elexion held at Newhaven for the 
Jurisdiction the 27*'' of October, 1646. 

The worpi Theophilus Eaton Esqr. chosen Governo'' for the 
yeare ensewinge. 

Mr. Stephen Goodyeare chosen Deputy Governo'' for the 
yeare enseweinge. 

Mr. Gregson & Mr. Malbon chosen magistrats for Newhaven 
ye yeare enseweinge. 

Mr. Fowler & Capt. Astwood chosen magistrats for Milford 
the yeare enseweinge. 

Mr. Samuell Desbrow chosen magistrat for Guilford for the 
yeare enseweinge. 

Mr. Andrew Warde chosen magistrate for Stamford for the 
yeare enseweinge » 

The worpi Theophilus Eaton Esq. & Mr. Stephen Goodyeare 
chosen commissioners for this yeare enseweinge. 

Mr. Atwater chosen treasurer for this yeare enseweinge. 

Mr. Leete of Guilford chosen secretary for the jurisdicon 
for ye yeare enseweinge.* 

* Whether Fugill was deposed from his office of Secretary of the Jurisdiction, as 
well as from that of the Plantation of New Haven, we are not informed. It may be 



276 NEW HAVEN COLONY RECORDS. [1646 

Tho'^' Kimberlj chosen m'sliall for the -jurisdiction for tlie 
yeare enseweinge. 



At a perticuler Court held the 3«J op Novem: 1646. 

Leiut. Robert Seely hath sold his howse & howse lott in 
towne vnto Jn° Basset w'h 2 acres of vpland out of his first 
devizion ; ^v^h. 2 acr. is 8 rodd in breadth & in length runneth 
crosse from the high-way betweeno the suburbs quarter & Mr. 
Lambertons quarter, to Mr. Mansfeilds lott that was, & be- 
tweene W"' lues and ^ 

Caleb Seaman desired his fine might be remitted for defect 
of amies, he going shortly for England, & vpon his request it 
Avas remitted, pvided he goe for England. 

Edw : Chipfeild promised to pay 3^ or 4' the next week in pt 
of about 51 he was ordred to pay to the towne for W'" Hardy, 
& promised paymt^ for the rest in the spring, w^h the court ac- 
cepted. Also a fine for absence one trayninge he was excused 
from payment of, he being a burning bricks, w^h if that time 
had not bin improved, it would have inforced him to have 
attended it on the Saboth followeing. 



At a Court held at Newhaven the 1 Jan. 1646. 
Bro. John Leavermore, brother Adam Nicholes, bro W'" 
Fowler and Mr. Tho'" Pell, being warned to the court & ap- 
pearing not themselues nor by deputys, were layd vnder con- 
tempt of the court. 



At a Gen'i Court held the 4. Jan. 1646. 

The Governour propownded that considring rates had bin 
made & levied on each plantation in this jurisdiction & sallerys 



presumed that at this time he liad left the town, from the excuse made by Allen Ball 
for late coming on a training day, page 271. 

It is probable, however, that Richard Pery was appointed to succeed in that office 
also until the next Election Court, for his signature as ' Secretarie' is affixed to the 
certificate of the choice of Commissionere for the United Colonies at this time, the 
original of which is preserved among the archives of Massachusetts. 



1646] NEW HAVEN COLONY RECORDS. 277 

being yet vnpaid, besides severall debts, it was desired that 
April rates might be now forthwith paid, & it was ordred that 
they be forthwith paid into tlie treasurer. 

It was appoynted that bro. Anthony Thompson & bro. Cam- 
feild, & the 2 deacons doe speake with brother Lampson & see 
what his estate is, & to consider what proportion he is able to 
beare of the charge of maynteyninge his wife. 

Bro: Kobert Hill rec^ the chardge of a freeman. 

It was ordred that the perticuler court w'h the 2 deacons, 
takeing in the advice of the ruling elder, should place people 
in the seats in the meeting-howse, and it was alsoe ordred that 
the governoi" be spared herein. 

It was now ordred that the former orders made for swyne 
& fences remayne of force, & that if swine be vnyoaked & 
vnruiige & goe into any feild, the fence lyeinge downe, that 
the damadge should be borne at halves, & that the fine of Q^ 
a head be still payed to him that finds the swyne & brings them 
to the jDownd. 

It was ordred that the viewers of tlie fences finding fences 
defective & warninge those that owne them to mend them, if 
they doe it not & their names be not returned to the court, 
the viewers shall pay their fynes. 

It was ordred that bro Peirce, bro. Coop & Jarvis Boykin & 
Mr. Caffinch shall look to the layeing out of the fence in their 
quarters to the absent lotts, according to their proportions. 

The contribution for the colledge was renewed & bro. John 
Nash & bro. Phillip Leek chosen collectors for the same. 

Bro. Andrewes had for his incouradgement liberty granted 
him to put strangers horses in the Neck. 

It was ordred that they that already have or desire land 
among the small lotts bring in their names & quantitjes w^hin 
a month to y^ secretary, or els they are to loose their lands. 



278 NEW HAVEN COLONY RECORDS. [1646 

[169] At a Court held at Newhaven the 5*^ or Janu- 
ary, 1646. 

Mr. Edward Tench his will* was presented to the court by 
Elder Newman & Mr. Gilbert, & it was ordered that the estate 
bee improved for the good of the child. 

Bro : John Leavermore confessed that he was warned to the 
court, 2 courts since, but some fence being downe he went to 
set it vpp ct thouglit to have bin time enough, but comming 
about Mr. Grigsons howse he saw the court was broken vpp. 
Bro. Adam Nichols said he forgott it vntill it was too late. 
Both for their contempts were fyned 10^ apeice. 

Bro. Adam Nichols was fined for want of worme <fc scourer 
Is. 

Mr. Caffinch alleadged that he had bin brought into court 
about a horse formerly owned by his bro. "W"! Fowler, but now 
bro. Fowler hath fownd his owne & seeth he was mistaken, 
but as he suffred therby in the court, so now he sought right. 

Bro. W™ Fowler answered that he did not intend his bro. 

* Mr. Edward Tench's will, Planter in Qi;inypiock and his dear wife Sarah Tench 
lying in the house with him dangerously sick and much wasted by a consumption — 
confirms certain small legacies, part given by his M-ife and part added by himself and 
all contained in a schedule annexed — He gives to his wife one half of the remainder of 
his whole estate, whether here or in Old England, and the other half to his only son 
Nathaniel Tench, now about five years of age — If his wife dies before himself, his son 
to have his whole escate, and makes his said sonXathaniel executor — If his wife should 
die before himself he entrusts his son both for his education and the ordering and im- 
proving his estate till he becomes 21 years of age, to the wisdom and care of the church 
of Christ gathered and settled at Quinnypiocke, whereunto Mr. Davenport is pastor, 
upon whose love and faithfulness in accepting and managing this his desire he quietly 
rests with assurance and satisfaction to his spirit. — If his wife die, and her sister come 
over into these parts and shoiald desire to take his son back,to Old England, his ex- 
press will is that his son return not, but continue with, and be brought up by the 
forenamed church of Christ— If his son die before he is 21 years of age, he gives one 
half of his estate to the treasury of the forenamed church, and the other half to his 
brother Francis Tench and to his children. Witnesses, Henry Bininwin, Willni. 
Jeanes, Tho. Fugill, 13th February, 1639.— Inventory taken by Thorn. Gregson, Rob- 
ert Newman and Mathew Gilbert the 19th Feb. 1639, amount £409, 3, 6. 

Debts oweing to Mr. Tench when he dj'ed. The mayds tyme £6, 2, the mans time 
£10. Mr. Alcok owed £5. Thom. Marshfeilds Count. £0. 

Debts owing by Mr. Tench when he dyed as followeth. To Goodie Pigg's wages £2t 
to the bricklayer £1, 4, 9, to Mr. Pell £0, 16, to Jlr. Higginson £0, 19, 6, to Goodman 
Whitnell £0, 14, to Mr. Watters £1, 4, 6, to Mr. Grigson £3, 12, to a Conecticott man 
£4, 17, 6, to Mr. Langham of London £4, to John Brocket for mesuring land £0, 6, 9, 
to Mr. DeUngham, London, £27. 



1646] NEW HAVEN COLONY RECOEDS. 279 

Caffinch any wronge, but he refuseing to end it privatly caused 
him to doe it, but now acknowledged he had done his bro. 
Caffinch wronge. The Governo"^ demanded of Mr, Caffinch 
whether he looked for any more the reperation in his name, 
Mr. Caffinch said 10^ damadge for witnesses, w^h the court 
ordred bro. W™ Fowler to pay & his damadge 10« more, 20^ 
in all. 

Mr. Pell was warned to answere Mr. Caffinch for defaming 
him in sayeing he had gott his brothers horse, & said he would 
lay 5s of it. Roger Allen said he remembrs Mr. Pell going by 
asked whether Mr. Caffinch was showeing his bro. Fowlers 
horse, but Mr. Caffinch not being able to prove his chardge 
because of want of proofe, hee was nonsuited. 

It was ordred, w'h the consent of Edward Parker & his 
wife, that Jn° Potter should be put an apprentice for 8 years 
from the first of August past, vnto Roger Allen, for to learne 
him his trade & to give sutable apparell & 5^ at the end of 
his time. 

Luk Atkinson was chardged w'^h defameing Mr. John Dav- 
enport, viz''. 

First to Ric^ Osborne Luk Atkinson questioned whether 
this church is rightly constituted, and this ariseth from some 
pticulers falling out, not in respect of the members of it, for 
he judged them faithfuU, but somthing in respect of h™selfe 
and others, as one thinge Mr. Davenport should speak & Mr. 
Davenport denyed it, although Luk Atkinson affirmed it & two 
more with him. 

2^iy to Richard Osborne he said that if things were carryed 
soe as he conceived them to bee, & as takeing vp things of 
others that he had spoken with, he conceives in all probabjlity 
this church cannot stand long without some breach. 

S'liy, to John Speede he said that Mr. Davenport had said 
that w'^h afterward he denyed, w'^h two more with himselfe 
could witnesse. 

To Richard Osborne he said, Mr. Davenports name had bin 
very pretious, but now it was darkned. That when Mr. Dav- 
enport spoke of the high-preist, out of the 21'^^ Levit. on the 
Lords day, Mr. Davenport spake against himselfe. Richard 



280 NEW HAVEN COLONY RECORDS. [1646 

Osborue demanded wherein, Luke Atkinson answered that as 
he is a pastour of a, of a church, he ought not to lay any 
vnder vnjust scandle as Mr. Davenport had done him, layeing 
his name vnder blame vnjustly. 

To Richard Osborne he further said, that Mr. Davenport 
said he had noc pt in the trade at Delaware & therevpon 
could make noc promise, & yet after, Mr. Davenport said that 
he had part in the trade. All these perticulers as concerne 
Mr. Davenport, Luk Atkinson related vnto John Speede. 
Also all the above written Luck Atkinson acknowledged him- 
selfe to have spoken vnto Richard Osborne and to John 
Speede, & now againe ' repeated them vnto Anthony Thomp- 
son, John Clark, Richard Osborne & John Speede. 

Before these psons spoke vnto Luke, they advized him to be 
very wary what he expressed, for he must look to be called to 
answere it. He answered hee expected it. In conclussion in 
reading all the pticulers manny tymes over <fe wishing John 
Speede to take a copie of them, we asked him whether he 
owned all or would wave any, he owned them & thought he 
should answere them. 

Mihill Palmer saith Luke Atkinson chardged Mr. Daven- 
port w^h vntruth. 

[170] II Luke Atkinson acknowledged what he stood chardged 
with was true, he had sinned & had slandered Mr. Davenport. 
This being done against much light and often convinced of 
his folly & had made acknowledgments of it, for his slander- 
ing the church and Mr. Davenport, he was fyned 40^ vnto 
Mr. Davenport. 

Mrs. Turner & John Meggs haveing a difference betweene 
them, did in court agree to put it vnto arbitration, & Jn" 
Meggs chose Mr. Goodyeare, &, Mrs. Turner Mr. Malbon. 
Mr. Pell pi. ) For 50i he should pay Mr. Atwater F 

Mr. Caffinch clef. \ order of his bro. Samuel Caffinch, the 
wch bill was turned over vnto Mrs. Luce Brewster. Mr. Caf- 
finch not tendring sutable pay, he was warned to court. But 
in fine, both were intreated by the court to put it vnto arbitra- 
tion, & Mr. Pell chose Anthony Thompson, & Mr. Cafhnch 



1646] NEW HAVEN COLONY EECORDS. 281 

chose Mr. Tutle, who wer added vnto Mr. Francis Newman 
& Mr. Crayne to issue it. 

The court see cause to judge the debt dew from Mr. Caf- 
finch, but leave the prise of come unto the arbitratoi's, as 
also the prise of cattle, thinking it meet they be not vallued 
to the worth of them at present, but somwhat vnder. And 
Mr. Caffinch is to present that wherby it may bee issued w^hin 
this weeke. 

Richard Marden requested the court to remit his fine, of 5% 
he haveing vsed his indeuo"" to gett armes, & havcing ill som- 
time since he has bin free, halfe his fine was abated. 

It was ordred that if bro. Wigglesworth call for an execu- 
tion against Mr. Mullyner because he attends not the courts 
order. 

Goodman Walker released from a squadron fine, because 
his wife being ill & in very great payne, she was forced to 
send him seeke for Mr. Pell. 

John Evance informed the court that he had comitted the 
chardge of a shallopp, on a voiadge to Guilford & Seabrooke, 
& backe againe to Newhaven, to Jn° Charles as m^ of her, two 
others not fit for such a trust being vnder him in the vcssell, 
& at his comand & appoyntm'. That through the grosse, if 
not wilfuU, negligence & default of h'" the said Jn^ Charles, 
the said vessell was cast away or broken, & a quantitjc of 
pease belonging to h™selfe, w'h certayne pipes of Madera 
wyne belonging to h'^selfe & others were lost, all w^h, w*h the 
shallopp, a boate, &c. & other chardges occassioned therby, he 
vallued at 100', & desired he might be repayred according to 
right and justice. He further acquaynted the court that at 
the first hearing of the said losse, he app^hended it as an 
afflicting providence of God immediatlye sent for his exersise, 
but being since fully informed of the forementioned negli- 
gence, he questioned Jn" Charls aljout it, <fe by their mutuall 
consent y^ matter was refferred vnto 4 arbitrators indifferently 
chosen by y™ the said pties, being me i yt have long bred the 
sea & are well experienced in such cases. That they bownd 
themselves by assumpsit in 100^ to stand to y^ award they 
should make in y^ case, & if they agreed not, then to the 
36 



282 NEW HAVEN COLONY RECORDS. [1646 

award of any other man whom y^ said arbitrators should 
choose as vmpire therin. 

The said arbitrators not agreeing, Robert Martin, marryner, 
was by their joynt consent chosen vmpire, & vppon a full 
hearing of the parties w^h their allegations & proofes, had in 
wrighting vnder his hand, given h^ judgment & award that 
the shallopp, boate & goods were lost by negligence & ought 
to be made good to the owners, but the s'^ Jn° Charles refusse- 
ing to stand to tlie award, he the said playntifFe was con- 
streyned to crave y"^ help & justice of this court. 

Herevpon a wrighteing made by the said 4 arbitrators, 
wherein they choose Robert Martin vmpier, & another writting 
made by y^ sd Robt. Martin, as his awarde & vmpieradge in 
the cause, were read in court, the contents being as followeth, 

These are to certifie those whom it may any wayes concerne, 
that we whose names are vnder written, being chosen arbitra- 
tors betweene Mr. Jn^ Evance on the one side & Jn" Charles 
on the other, to end a difference betweene the foresaid parties, 
& not able to end the same by reason of some difference in 
our app''hcnsions, did thinke it meete to make chojse of Rob* 
Martin to be vmpiere in the case, to end that Wh we for want 
of light could not agree to end, and what end the foresaid 
Robt. Martin shall make in the aforsaid case, wee assent 
therevnto, as vmpiere chosen by our mutuall consent, to W^h 
agreem* the afforesaid Mr. Jn" Evance & Jno Charls did bind 
themselues in an assumpsit of lOO^ sterling to stand to the 
agrem' of the foresaid arbitrators or the afforesaid vmpiere 
chosen by vs. In witnesse whereof wee have h^vnto set our 
hands the 24th of November 1646. 

Daniell Paule Tobias Dimocke 

George Frost Daniel How. 

As concerning the looseing of their boate Jn° Charles saitli 
their Ijoate roape was rotten, Ralph Loynes speaks to Jn" 
Charles to make fast another roape vpon the boate. It was 
not don, the boate was lost through neglect. As concerning 
their lyeing ashore w'hout an anchour lyeing off, to haule off 
by when they saw occassion, was a neglect. As concerning 
their lyeing ashore when they had all their goods aboard, 
haveing 3 tyds before the storme began to haule off, was a 
great neglect. As concerning the leaveing the boate when 
they had bawled off, was very unsafe, soe that I cannot vnder- 
stand nor see, but both boate & goods were lost through neg- 



1646] NEW HAVEN COLONY RECOEDS. 283 

lect of what might have bin done, & they must stand to their 
courtoysie that oweth both boate and goods. 

Robert Martin. 

John Charls being demaunded whj he did not submitt (ac- 
cording to h^ ingadgem"^) to the awarde & vmpieradge of the 
said Robert Martin, affirmed he had noe chardge of the said 
vessell, nor was any of the companny ; that he went vollunta- 
ryly in her to Guilford, haveing some occassions of his owne 
there ; tliat the shallop was lost for want of due provizions, 
haveing but one anchour and cable, & y^ boate (by ye failing 
[171] of ye boate roape) was lost || before, so that in 
the storme they could not carry out their anchour so farr as 
was meete, & till the cable broake, the vessell roade safely. 
Being demanded whether he would yet stand to the arbitra- 
tion, or reflferre the whole cause to the heareing & judgement 
of the court, at length by mutuall consent the arbitration 
was waved, both parties submitted, & the playntiffe was re- 
quired to make proofe both that the said Jn^ Charles was m'" 
<fethat the losse came through his neglect or default. But the 
governo'", & deputye governour, being both interressed in part 
of the wine lost, and leaveing their interresse to be pleaded by 
& issued w'h that of Mr. Evance, desired liberty to rise, that 
they might neither judge, speake, nor sit in court, while a 
cause wherein themselues were concerned was in hand, w^h 
was granted. 

The plaintiffe affirmed that he at first intended & appoynted 
Si'jt Jefferies to goe ma'' of the sd vessell or shallopp for this 
voiadge to Guilford, Seabrook, & back to Newhaven, but Mr. 
Crayne, Mr. Wackman & Mr. Atwater, intrusted as feoffees 
for the building of a ship at Newhaven, desired yt Sgt Jefferies 
might be spared to goe to the Massachusetts about rigginge 
& other occassions concerninge the said shipp. The plaintiffe 
answered he could not spare him, unlesse som other man 
were pcured to goe ma"" in S^jt Jeffrejs roome, <fe mentioned 
the -defend' to them as fit for that service. Hervppo they the 
said foefees, spake to Jno Charles about it, he tooke time to 
consider of it & at last yealded & went, though S^jt Jeffreis 
(not sent to the Massachusetts,) was after free & willing to 



284 NEW HAVEN COLONY RECORDS. [1646 

retiirne to his former chardge, & to goe ma"" of the said shal- 
lopp, & so told the said Jn^ Charles. Herevppon Mr. Jasp 
Crayne & others were called to give in their testimony, & vpon 
oath they severally declared as followeth, 

Jasper Crayne vpon oath testified that hmselfe & some other 
of the feoffes asked Mr. Evance whether he would let S^jt Jef- 
ferjs (who was ma"" of the foresaid vessell,) goe a journey into 
the Mattachusetts Bay for them, Mr. Evance answered hee 
could not spare him vnlesse they could gett Jn" Charles, here- 
vpon the said feofees spake w4i Jn^ Charles to goe in Mr. 
Evance his boate, in S jt Jefferies roome, because of some 
occassions they had to send S^j^ Jefferies to the Bay, who could 
not be spared vnlesse he (the said Jno Charles) would goe in 
his roome, but at that time Jn^ Charles gave them noe direct 
answere, but said he would consider of it. 

John Wackman vpon oath testified that h^nselfe & other of 
the feofees haveing had speech w^h S^jt Jeffrejs about goeing 
to the Bay, they asked Mr. Evance whether he could spare h"", 
Mr. Evance told them he could not carry on his designe w^h- 
out him, he knoweth not whether Mr. Evance named Jn" 
Charles, but they meeting with Jn" Charles, asked him 
whether he could goe the voiadge w^h S^jt Jeffrejs was to goe 
& mentioned to h™ the takeing off of S^jt Jefferies vpon 
another imploym*. Jn" Charles took time to consider of it ; 
after, they the feofees meeteinge w^h Mr. Evance asked h'" if he 
would let Srjt Jeffres goe, he then said he would, for he had 
spoken w^h John Charles. 

Joshuah Atwater not remembreing he was w^li the other 
feofees at their first conference w^li Mr. Evance, vpon oath tes- 
tified, that after meeteing w^h Mr. Evance, they asked h'" 
whether he was willing to release S^^jt Jeffi'ejs, Mr. Evance 
then answered he was willing, for he had spok" wUi John 
Charles. 

Henry Bruuwin vpon oath testified, that goeing along in 
comp* wth Mr. Evance, they mett w'h Mr. Wackman & Mr. 
Crayne, who desired Mr. Evance to release S'"jt Jefferies that 
he might goe to the Bay for them, Mr. Evance was not then 
willinge, but comming to Corporall Leeks howse, and finding 



1646] NEW HAVEN COLONY RECOBDS. 285 

Goodmn Cliarls there, Mr. Evance made a motion to him, w^h 
to the best of the deponents remembrance was, to goe in tlie 
roome of S^^jt Jeffrejs to Guilford & to the Rivers mouth 
(called Seabrooke,) Goodm" Charles told him the feofees had 
spoken w'h h'» about it, & hee would consider of it, where- 
vpon Mr. Evance after meeteing w^h the feofees, seemed will- 
ing to let Serjeant Jefferies goe. 

Phillipp Leeke vpon oath testified, that at his howse Mr. 
Evance spake to Goodm" Charles to goe in his vessell in the 
roome or stead of Searjeant Jeffreis. Goodm" Charles ans- 
Avered, the feofees had spoken to h'" about it, but what further 
answere Goodm'^ Charles made he remembers not. 

Serjeant Thomas Jeffreis vpon oath testified, that the morn- 
inge the boat was to goe, he went vp to Mr. Evance his howse, 
& asked him whether the boate was ready to goe, he remem- 
bers not Mr. Evance his answere, but he the said Tho'" Jef- 
freis went downe to the watter-side, purposeing to goe the 
voiadge, but finding Goodm" Charles there, he asked him 
whether he went the voiadge in Mr. Evance his boate, Jn" 
Charls told him he did goe, they had spoken to h"' to goe & 
he was to goe, & this deponant further testified, that he, 
before Jn° Charls was spoken to, vnderstood h»'selfe to be 
ma"" of the said vessell, & that tho chardge of the boate was to 
Ije on him, & the rest of the comp^ to be at his comand, oth- 
erwajs he should not have gon in the boate. 

John Griffin, one of the seamen in the said boate, vpo oath 
testified, that hmselfe & Ralph Loynes the other seaman goeing 
to Mr. Evance his howse, asked h™ who should goe w^li them 
as m'" to take chardge of the said vessell, for they knew not 
the place & would not take chardge. Mr. Evance answered, 
take you noe care, Jn° Charls or Serj* Jeffrejs shall goe along 
w^h you ; & this depon*^ further testified that Jn" Charles did 
helpe to stow the salt ; that in the voiadge he accounted h"' as 
master ; & j^ h'"selfe & Ralph Loynes did what he the said 
Jno Charles commanded them, & that Mr. Evance, being at 
the boate-side when the boate was goeing off, said Ralph 
Loynes had the wrighteing wherin was the order for y^ deliu- 
[172] ery of salt, lading aboard & taking of pease ||at Guil- 



286 NEW HAVEN COLONY RECORDS. [1646 

ford & other businesse to be done at the Rivers mouth, & 
Goodm" Charles was in the boate, but he cannot say Mr. 
Evance therein only directed his speech to John Charles. 

Testimony being thus farr given in to prove Jn^ Charles 
ma!", he pleaded for himselfe that he went in the said boate as 
a freeman, takeing noe chardge vpon him, & that the said Jn'* 
Evance made noe agreement w^h him for voiadges. Mr. 
Evance answered that he had imployed the said Jn° Charles 
2 yeares together, in w'^h he made severall voiadges as m'' ; 
that he only agreed w^i him for wages the first time, & had 
ever after allowed him the same wages vp^on account, where- 
w^h the said Jn° Charles was content, & the same wages 
might now justly have bin demanded & must have bin allowed, 
but there had never passed any speech of Jn° Charles his goe- 
ing in the boat as a freeman wUiout wages, nor could it in 
reason either have suited the occassions of the plaintiife, or 
the calling & course of the defendant, being a seaman. Jn" 
Charles only answered that the former voiadges were in a ves- 
sell wherein li'»selfe had a fourth part, Ijut that altered not 
the case for wages, and the court told Jn° Charles that hee 
was a man well knowne not to be so free of his sea labour, as 
to goe forth vpon a voiadge as a freeman w'hout wages in a 
vessell wherein himselfe was cheife seaman, & noe man elce 
fit to take chardge. To this he made noe replye, bvit affirmed 
noe seaman could prove him master by the evidence given in. 

Mr. Tobias Dimocke & Rob* Martin, marryners, & both 
now or lately mai's of shipps, being present were desired to 
expresse what they apprehended in the case. 

Mr. Dymock testified that when he came from Pequott, lie 
mett w4i Ralph Lo3aies, who was one of the seamen of the 
said vessell when it was cast away, but now absent, & y^ said 
Ralph Loynes related to h'" the manner of their commiiige to 
the Rivers mouth, & how the vessell was cast away ; namly, 
that they came in the sixth day of the weeke & tooke in o 
pipes of wine, & the next day tooke in ,the rest, and on the 
second day of the weeke, called Munday, they fetched aboard 
an anchour they were by order to receive there, & they lay 
agrownd at the wliarfe from the second day till the fowrth 



1646] NEW HAVEN COLONY RECORDS. 287 

day at iiooiie, all w^h time- her ladeing was in her, and when 
the storme came, they carry ed out an anchour as farr as they 
could from the shore, ]jut the storme being then great, they 
could not carry it farr enough, and Mr. Dymock thought the 
boate did not ride above a quoyts cast from the shore, & 
they haveing rowsed vp vpon the roade, could not gett her fur- 
ther off, & both Jn° Charles and the other two seamen went 
on shore & left the boate, & somtime after, the road bracke & 
the vessell drove onn shore. 

The court for Jn^ Charles his better satisfaction desired Mr. 
Dymocke to declare his opinion, whether one shipt in the 
roome or stead of a ma"" of a vessell bee not really the ma"" of 
the said vessell & so to be accounted. Mr. Dimock answered, 
that if any one were shipt in the roome of a master of a shipp, 
& had his power, that then he conceived he was master. 

Robert Martin testified that by the evidence given in, he 
could not conceive but that Jn° Charles, so shipt in S^jt 
Jeffreis roome, was master, & he thought Jn^ Charles in his 
owne conscience thought hmselfe ma"", & would have required 
masters wages if he had returned safe. 

The court wished Mr. Evance to proceede & make proofs 
that the boate & goods were cast away & lost through negli- 
gence. Wherevpo Jn^ Griffin one of y® seamen in the said 
vessell was required. Vpon his oath taken to declare and 
testifie what he knew in the case, he affirmed that they went 
hence on the ^'^ day of the weeke in the afternoone, the winde 
then westerly, that he thought the skiffe roape stronge enough, 
yet against Thimble Islands she brake away, & they came to 
an anchour til the boat came vp to them, then they went to 
weigh their ^anchour, but it was 2 liowers before they could 
efect it & then the flood was made, & the skiffe gon they knew 
not whether. The next day they got to Guilford & Goodm" 
Charles brought the vessell into the place where they should 
lye, and this depon* to the best of his remembrance asked 
Goodm" Charles whether he would goe into the towne, & he 
said no, y" Mr. Evance his directions were given to this depo- 
nent by Ralph Loynes, whether it were because GoOdm" 
Charles could not read he knoweth not, the next day some of 



288 NEW HAVEN COLONY RECORDS. [1646 

their salt being deliuered and their pease taken in, they set 
sayle. The next day by noone they came to the Rivers mouth, 
came to the wharfe, vnloaded the rest of their salt & tooke in 
3 pipes of wine, & the last day of the weeke tooke in 4 pipes 
more. Vpon the second day of the weeke they gott aboard 
an anchour they were by order to receive there & to bring to 
Newhaven ; at night they heard of a skiffe was cast ashore at 
the come feild poynt, told Goodm^ Charles of it, asked h'" if 
it were not best to goe & see it, if it were not theirs, & goeing 
fownd it to be theirs, the next day they brought ockham & 
caulked her. While they were at woi-ke about her, the winde 
on a sudden fell calme, then Goodm" Charles said we wilbe 
gon, we shall have an easterlie winde, but after, their arose a 
storme w<=h increased, but they returned before the vessell was 
afioate ; they did what they could, but had neither cannow nor 
l)oate of their owne to helpe them. At length the Dutchmen 
there did helpe them, & Goodm'^ Charles went w^h them, & 
they carried out their anchour as farr as they could for the 
storme, then they rowsed vpon the boate roape and sett off w^h 
their oares, and gott her afioate, & laid her offe as farr as they 
could, then they came all on shoare & left her, and in the 
night the road brake. 

Jn° Griffin being farther questioned about the losse of the 
skiff & other passadges, vpon his oath affirmed, that ther was ' 
an old cable & a tacle aboard, w'^h might have binne made fast 
to the skiffe to have saued her. Secondly that the vessell lay 
agrownd & noe anchour off, three tydes after she was loaden, 
l)efore the storme began, <fe that the reason of their leaveing 
the vessell was because they were wett, & y« Dutchmen said, 
what will you doe starveing here, it were better for you to goe 
on shoare. 

John Charles alleadged that the said Dutchmen had testi- 
fied l)efore the governour that the vessel might have bin saved 
had she had another anchour & cable, the governour confirm- 
ing the same withall informed the court, that he had advized 
Jn° Cliarles that Mr. Evance might be present to heare what 
they could testifie vpon oath, but they came noe more. 
[173] II Lciut. Joseph Godfrey vpon oath testified, that the 



1646] NEW HAVEN COLONY EECORDS. 289 

Dutchmen in his hearing told Mr. Evance, they apprehended 
Jno Charles his neglect lay in letteing the boate lye so longe 
loaden ashoare, til the storme was so great that they could not 
carry her off so farr as she should have bin for her preserva- 
tion. 

Serjeant Jeffreis vpon oath informed the court, that seamen 
vse there to dropp or let fall an ancho"" in the channell, for it is 
a dangerous place to ride at the wharfe ; that if there had bin 
an anchour dropt at their comming in, 20 or 30 faddom off, 
that the cable might have had scope, it is like it would have 
held ; that if the vessell had layne 20 or 30 faddome farther 
from the shoare, though the cable had broak, as the winde in 
the storme was, they might have gon clcare of the poynt vpp 
the river, and as she lay, had the seamen bin aboard, much 
might have bin done for the boats safety, to have cast her by 
flatting her foresayle. 

Herevpon the court asked Jn" Charles whether h'nselfe, (if 
proved ma'" of the vessell,) must not conclude there was a 
greate neglect in him. He answered that if he were ma% he 
must confesse their was a great neglect, but he still pleaded 
that if the vessell had bin provided w'h 2 cables & anchours, 
they would have held her, & it is lik she would have ridd safe 
where she was laid. 

After much time spent in examjninge witnesses, & debateing 
the cause, the plaintiff & defendant vpon demand acknowl- 
edgeing that they had notheing further to say, the court 
inquired after the damadge, & fownd by dew proofe that 5 
pipes of Madera wine were wholy lost, which cost first penny 
101 a pipe, that 50 bush, of pease were laden, that of them one 
hogshead was only saved, the rest were lost, w°h cost at least 
7', that the damadge in the boate lost, by anchour & cable, w^h 
other chardges necessaryly followeing, being rated w^h all 
moderation, came at last to 10' more. 

The premjses being dewly considered the court proceeded to 
sentence, and first finding the evidence full y^ serjt Jeffrejs 
was shipped ma"^ of the sd vessell, for the voiadge to & froe, 
that Mr. Evance would not have spared h™ if Jn^ Charles had 
not bin pcured in his roome, that the treaty w^h Jn^ Charls 
37 



290 NEW HAVEN COLONY RECORDS. [1646 

in this buisnes, the time he tooke for consideration, & hs con- 
sent at last, all tended to that purpose, that the other seamen 
that went in the boate pfessed they knew not the place, & 
therevpon could not take chardge, that Serj* Jefifrejs not goe- 
ing to the Massachusetts would have returned to his place of 
ma'" for the voiadge, but Jn^ Charles said thej had spoken to 
h'n to goe & he was to goe, y* y^ other seamen in y^ voiadge 
tooke h'" to be ma^ & were at his comand, & considering w^hall, 
y' what Jn° Charls p'tendcd about hs going as a freeman in 
the said voiadge, & about wages, is in itsclfe vnreasonal)le & 
w'hout any proofs at all, the court, in refference to the sen- 
tence followeing, concluded him to be master. 

Secondly by the evidence given in concerninge the neglect, 
ye court did find that Jn" Charls had not improved his owne 
skill, nor cxcrsiscd the ordynary care of a man takeing 
chardge, for pfscrvation of y" vessell & goods. 

For first, haveing lost the skifife, he did not as reason re- 
quires, & as the practise is of seamen in such cases is, to let 
fall an anchour at a reasonable distance in the channell, by 
w^h means he might have hauled off, as occassion should re- 
quire, & the vessell might have ridd more safely, & the cable 
w*h more scoape might have held better, & if it had broke, 
they might have set sayle, &, as the wynd stood, might have 
runne vpp the river w^hout difficultye. 

Secondly, he suffred the vessell to lye agrownd at the 
wharfe, though all her lading were aboard, from y^ second 
day to the fowrth day at noone, & though the weather were 
faire, carryed out noe anchour to secure her. 

Thirdly, after the storme beganne, & that they had bawled 
the vessell a litle off from shoare, the storme contineweing, & 
the vessell in danger, haveing but one anchour out, & that 
litle scoape, yet himselfe & the other seamen did all forsack 
her, leaveing noe man to prevent, or prevent in time of dan- 
ger ; but as the said Jn^ Charles himselfe confest, there went 
Bomtimes one, somtimes another, from y ordynary, being a 
quarter of a mile from the watter-side, to see how she ridd ; 
whereas, probably had they binne in the vessell, they might 



1646] NEW HAVEN COLONY RECORDS. 291 

have vsed means either to have saved her, or some pt of the 
goods now lost. 

Fourthly, John Charles in court confest, that if he were 
proved ma^, there was a great neglect. 

The court asked John Charles whether he could chardge 
the seamen, or either of them, w'h any miscariadge in their 
places, that part of the damadge might be layd onn them, but 
he objecting notheing against them, the court adjudged John 
Charles, for his grosse negligence, & vnworthj carryadge in 
such a place of trust, to pay Mr. Jn° Evance, for h'nselfe & the 
other interessents, threescore & seaven pownds, besids the 
ordynary court chardges, in refference to the pticulers before 
mentioned. 

Mr. Evance vpon the sentence thus given, moved the court 
that he might have an execution granted, because Jn^ Charles 
is shortly to goe to Virginia & thence to England. But the 
court being slow to grant execution so suddenly, John Charles 
of liimselfe told Mr, Evance in court, he had SG^ or 88i in his 
owne hands already towards it, & he would tak order w'h Mr. 
Gilbert to pay the rest, wherew^h Mr. Evance was satisfied. 



[174] At a Gen^ Court held the first Febr. 1646. 

Mr. John Evance & Theophilus Higinson had liberty to 
dept the court. 

The orders of the last Jurisdiction Gennerall Court were 
now read. 

It was propownded that those planters, howseholders & 
sojourners, would give in their names, who desire to have their 
seats in the souldiers seats, ingadging themselues to bring 
their armes constantly, to all publicque meeteings for the 
worp^ of God. 

It was ordred that the military officers should meete forth- 
with, & chuse 32 psons fit for the forementioned service, & 
send for them & speake w^h them, & see whether that they be 
willinge to attend the service, or elce it is to continew in the 
same order as at present it is. 

It was propownded to the court that they would expownd 



292 NEW HAVEN COLONY RECORDS. [1646 

themselues in a former order, aljout corporals assisting the 
Serjeants in the exersise of their squadrons. And it was 
ordred tliat the corporals doe assist the s^'jts in that exersise. 

It was ordered that the Neck this yeare be imployed as 
formerly. 

It was ordred that bro. Myles, bro: Coop & bro.Benham, or 
Edward Chipfcild, as a committee from this court, speake w^h 
Goodman Wilmott about the land he holdeth of the townes, 
(in refference to the clay fownd there,) to let him still injoye 
it, or leave it. 

Bro : Andrewes propownded that some of them that held 
the small lotts behind Mr. Evance quarter, might have some 
land granted them in liew thereof, on the cast side Mr. Mal- 
bons farme. Mr. Malbon, Lieft. Seely and Mr. Francis New- 
man, w^h some of them, were chosen to view it, and to make 
report to the court concerning it. 

It was ordred, that another view be made by bro. Wack- 
man & bro. Myles their quarters, & that those of the quarters 
goe along w'h the viewers. 

It was ordred that the court w4i Leiut. Seely, consider what 
p'rivelidges may be meete to allow seamen, wth refference to 
watchings & traynings. 

Bro. Beamont had liberty to exchang 2 acr. of land at the 
playnes. 

It was ordred that the rest of those deputed to seate people 
in the meeting-howse shall seate the deputy es. 

Liberty was further given them that have or desire land wUi 
the small lotts to give in their names w^hin 8 dayes. 

Liberty was given Mr. Stephen Goodyeare to brew beare for 
this towne, all others excluded w'liout the lik liberty & con- 
sent of the towne. 

Vpon view of some mcddow at Mr. Goodyears farme, it was 
granted hee might take it for the lik vallew of vpland. 

Bro : Lampson was fownd able, & exprest himselfe willing, 
to pay 8 shill. F weeke, from first to last, towards the maynten- 
ance of his wife, till the court see cause to alter it, but what- 
ever work his wife doth, it is to bee reckoned in part of what 
her husband is to allow. 



I 



1646] new haven colony recoeds. 293 

At a Court held at Newhaven the 2^ Febr. 1646. 

W'n Meaker informed the court that 7 pecks of meale he 
hath received of Sam : Daighton, & that yet he doth want a 
sack & one peck, & he had order from the court to dispose of 
6 pecks of mealc, vntill the court se cause to order it to the 
partyes that did loose by Samuell Daighton. 

Geo : King chardged w'h blaspheaming the name of God by 
curseing, James Heywood said he heard him swere by the 
name of God, & told him the danger of such a course, & since, 
he hath heard him sweare. 

Thomas Morris affirmed he had bin told of swearing aboard 
the ship, & since, ^ since, swore by the name of God, aboard a 
Dutchman, & he told him of it. The oath was a by God. Geo. 
King confessed he spak the words. 

[175] II The Governo'" told him that when the son of an 
Egiptian blaspheamed the name of God it was not borne. Its 
the peirceing through the name of God in passion, w«=h is a 
high provokation of God, whereas the rule is, let yo'^ words be 
yea, yea, & nay, nay, & by a mans words he may loose his life. 

It was hoped it was only a rash <§:; sinful oath, some have 
bin boared through the tongue, other have bin in the stocks & 
their tongues in a cloven stick. But hopeing this was not 
dispitfully don, the centence of the court was, that he should 
be whipped, and in the interim be kept in the marshals hands. 

John Meggs informed the court, he had received much 
damadge in a parcell of hay by Mrs. Tumi's cattle, about 4 
load. 

Mr. Gilbert witnessed that he saw Mrs. Turn^s cattle 3 
times at G. Meggs hay. 

W™ Wooden informed the court that 3 times he fetched 
cattle thence. 

Mrs. Turner replyed, the cattle gott in at som fence being 
downe, & dry catle had bin in the meddo, 100 at a time. 

James Till said, he has scene 3 yonge catle 2 or 3 dayes to- 
gether, & 3 cowes at once from morning till night, at the hay. 

Goodman Andrewes and Goodman Cooper, being at Mr. 
Gilberts farme, were desired by Goodman Meggs to goe see 



294 NEW HAVEN COLONY RECORDS. [1646 

the hay, & by others relation of what it had bin, they judged 
that 4 load was stroyd, Goodman Cooper had form^y seene it 
when there was litle losse, &c. The centence of the court was 
that Mrs. Turn'' pay Jn^ Meggs 3 load of hay, or 30» equivalent 
vnto it. 

Ric^ Beech informed the court that his coz" "W^ lies had 
done some work for Mr. Mullyner, & severall times he had 
desired to have had it issued but he hindred it, & now latly he 
refusseing to make payment for what was don, he liad him 
warned to the court to answere it. 

Mr. Mullyner told Ric^ Beech, if he would prove the bar- 
gaine & pformance of it, he would pay him. 

John England said he was to vnderpin his howse, make a 
backe to a chimney, stone a well & get the stons, for three 
pownds ; but to his knowledge he had noe time set him for 
the doeing of it ; he being at work at Mr. Shirmans, whose 
neccsjtj was very great, he desired W'" lies to get some boddy 
els to help h'", but in hue severall times they came & things 
were not ready, & when they had don his howse & almost fin- 
ished the well, insomuch that there was 20 inches water, 7 
weeks after Michaelmas ; after that, Jno England would have 
put a caske in the bottom, & dugg it deeper, but Mr. Mullyner 
would have pswaded him the spring were risen 2 foote in the 
well, when it was otherwayes in Goodm" Wards well, as was 
tryed, & he hath held them of w'h delayes, that it is yet 
vnfinished. 

Edward Tredwell informed the court, that he has heard it 
said it was well don, so far as it was donne, but in the issue the 
sand lyeing one the side of it, it being made in a banke side, 
filled. 

The centence of the court was, that Mr. Mullyner pay 65^ 
vnto John England and Ric'> Beech, (and that he pay 5^) 
besids the chardgcs vnto them, Jn° England finishing it. 

Theophilus Higinson hath sold 3 acr i of vpland vnto 
John Pundcrson, lying w^liin the first devizion. 

Theophilus Higinson hath sold vnto Goodm" Johnson seaven 
acr. of vpland lyinge w'hin the first devizion, lying next Good- 
man Todd. 



1646] NEW HAVEN COLONY RECORDS. 295 

John Nash hath sold 5 acr h of rneddow on the Indian side, 
vnto Jno Vincent. 

John Nash hath sold 7 acr ^ vpland vnto Roger Allen, w^h 
lyeth in Mr. Lambertons quarter. 

[176] 11 Thomas Hogg haveing bin imprisoned vpon suspition 
of bestyality w^h a sow of his mistreses, for about 2 or 3 
monthes agoe, there was a discovery of that W^h is conceived 
bestyalitye, a sow of Mrs. Lambertons pigging two monsters, 
one of them had a faire & white skinne & head, as Thomas 
Hoggs is. It being considred of, Mr. Pell was sent for, and 
afterward was fownd another w'h a head lik a childs & one 
eye lik his, the bigger on the right side, as if God would dis- 
crib the party, wUi the discription of the instrument of bes- 
tyalytie. This examinant being sent for & examjned about it, 
he fetched a deepe sight, fell in his countenance, but denyed 
it ; but information was made of sundry loathsome passadges 
concerning him, as discovereing his nakednesse in more places 
then one, seemeing therby to indeauo'" the corrupting others, 
and being told of it, he said his breeches were rent, when 
indead his sperit was rent. 

Thomas Hogg said his belly was broake, & his breeches were 
streight, & he" wore a Steele trusse, & soe it might happen his 
members might he scene. 

Goodie Camp informed the court, that for all she could say 
to him, yet he did goe so as^his filthy nakednesse did appeare ; 
she has given him a needle & thridd to mend his In-eeches, 
but soone it was out againe, & he would tell her his breeches 
were tore & burnt. 

The faults for wh he was imprisoned were two. For that 
of bestyalytie, guilt did appeare in his carryadge, although he 
denyed he was at farme when the sow took bore, & would not 
have gon to fetch home the swyne aljout their pigging time, & 
being sent once & agayne, he went, but brought them not 
home, but one of bro. Thompsons famyly fownd them in lesse 
then halfe a day. 

Afterward the governo'" & deputy, intending to examyne 
him, caused him to be hadd downe vnto his M^s yard, where 
the swyne were, & they bid him scratt the sow that had the 



296 NEW HAVEN COLONY RECORDS. [1646 

monsters, &, immedyatly there appeared a working of lust in 
the SOW, insomuch that she powred out seede before them, & 
then, being asked what he thought of it, he said he saw a 
hand of God in it. Afterwards hee was bid to scratt another 
sow as he did the former, but that was not moved at all, which 
Thomas Hogg acknowledged to be. true, but said he never had 
to doe w'h the other sow. The court was informed that he 
seeing his m^s swyne, & this sow that had the monsters, yet he 
would not bring them home. 

Nicholas Elsie said he knoweth that Thomas Hogg did ques- 
tion whether that sow was his mistrises or noe, & shewed an 
vnwillingnesse to have them home. 

Mary, servant vnto Mrs. Lamberton, informed the court 
that the neagar was the first in the famyly that observed his 
discovereing his nakednesse, & told him she would flying fier 
in his breeches if he continued thus ; and divers times her- 
self saw it, & told him of it, but he would deny it. 

He had discovered himselfe to be an impudent lyar, and 
forward in stealing. Lucretia, the governo''s neagar weoman, 
informed the court that while she was in the famyly w'h h'», 
she saw him act filthjnesse wUi his hands by the fier side, & the 
next day the child & Hannah told her of it, & she asked whether 
hee was not ashamed. And she hath scene him take his hand 
out of the pott & a dumpling with it. Mary, aforementioned, 
added she saw him take cheese out of the buttrey, & speaking 
to him about it he denyed it presently. 

The centence of the court was, (leaveing that about beas- 
tyalytye to be further considred on,) that for his filthynesse 
lyeing & pilfering, he should be sevearly whipped, & for the 
future time during his imprisonement, that he be kept w^h a 
meane dyet & hard labour, that his lusts may not bee fedd. 
[177] II John Charles was required to answere for his con- 
tempt of the court, that they sitteing & sending a warrant for 
him, yet he goes away w^hout any leave, conteming the 
authority of the place therein. 

John Charls answered, it was true he went away, it being 
vpon a pinch of time and skipper Zeaker stayed for him, & he 
was told that wariiinge should have bine given before that 



1646] NEW HAVEN COLONY EECORDS. 297 

time, &, so not lawfull warninge. Espetyally speakeing to his 
bro. of Totokett that he should informe the court how it stood 
w*h him, he thought it noe contempt. 

Thomas Wheeler, Thomas Lawrence and Timothy Alsopp 
vpon oath affirmed, that when the said Tho™ Wheeler had 
told John Charles he must goe to Newhaven, John Charles 
asked him what he should doe there, Thomas Wheeler said 
he must answere to such things as were brought against him. 
John Charles answered, that they had more neede answere 
him for threescore pownds they tooke away from him. Thomas 
Wheeler saitli further that John Charls said, that to take 
away his mony <fe to deale so w'h him, was the Judasest trick 
that either he or ever man was served. Thomas Wheeler told 
him he must take heede, it was against authority, but John 
Charles answered he ment Mr. Evance. Thomas Wheeler 
replied that Mr. Evance could not take away his monny & that 
it must be meant of the court, for what Mr. Evance had of 
him, it was by order of court. 

Thomas Wheeler further affirmed, that haveing the war- 
rant he went to the vessell & told them his businesse, Jolni 
Charles replyed he had noe power over him and that he could 
not doe ought w^iout a water-bayly. Skipper Zeakar com- 
ming ashore, was vnwilling & refussed to set them aboard or 
John Charles ashore, although he told him he had a warrant 
for him. Then he told him that if he carryed him away, he 
must give an account for it ; the he told the said Thomas 
Wheeler that if he went aboard he would carry him away. 
Then gott they an Indian to lielpe them aboard, & then they 
brought John Charles away with them. All w^h John Charls 
sought to evade & fell to say he had bin wronged by Mr. 
Evance, however noAV he must lye at the mercy of the court, 
but he intended noe contempt of the court, although told at 
Connecticott they give three dayes warninge. 

Goodman Banister informed the court, that on the second 
day at night, George Smith &, himselfe were at Goodman 
Brownes the bakers, where John Charls was & said the shipp 
was goeing forth but might not returne, then said he why ? 



298 NEW HAVEN COLONY RECORDS. [1646 

John Charles answered they had gott sixty pownds from him, 
but if any wise man were in the plantation, it had not bin soe. 

George Smith informed the court that he heard John 
Charls say, if it had binne in any part of Newhaven he had 
not bin cast, but he remembers noe more. 

The centence of the court was that (for his contemptuous 
cariadges and vile expressions, tending to the deflfameing 
the court for doing justice according to their light,) he should 
pay twenty pownds to the jurisdict'. 

Mr. John Evance informed the court that John Charls had 
gone vp and downe in a slanderous way reproachi[ng] him 
and sayeing he had cheated him, and said he was as vnmercy- 
full as a dogg &c. Although he had the next day after the 
court, bin downe wUi him w^h anoth'' & told him he per- 
ceived his sperit was troubled, but mynded him how he had 
sate downe satisfied till he heard such reports that made it nec- 
essary for him to move, & told him further if yet it should 
appeare that it was not his dew wh the court ordred him, he 
desired not to possesse it. 

[178] II Brother John Mose informed the court that his 
brother John Charles sayd Mr. Evance had broken his prom- 
ise once or twice in monney or beauer lent him, the W^h Jn" 
Charles acknowledged. Jn" Charles said he had bin out of 
his wages these two yeares and has had promise of beaver, and 
60' in beaver he paid Long Islandmen, & yet h^selfe was vnpaid. 
Againe he helped Mr. Evance w^h some beaver w^^h he heard, to- 
gether w*h that he should have, goeing for England, but it was 
sent to Connecticott, Mr. Evance telling him he should have it 
w*h him for England . Captayne Smith commeing in received it 
& carryed it into the Bay, when his expectation was to have 
it w^h him F way of Virginia to carry for England. 

Mr. Evance replyed that Goodman Charles haveiug sayled 
longe in the bark, at length, makeing vp accounts the com- 
panny were fownd his debtor's, and lice was ordred to pay it, 
then John Charls said, you oweing niee already 20' or 30', 
pray let me have it altogether when I shall goe for England, 
& I promised to pay it him in beaver or by a bill of exchange 
to Mr. Eldred. And in September or October last Jn" Charles 
came to Mr. Evance & told him he would then for England, 



1646] NEW HAVEN COLONY RECORDS. 299 

SO that till then noe moiiney was due so as to call for damadge 
vpon nonpayment. 

In September Mr. Evance sending to John Cliarles by Mr. 
Dymocke to keepe that coat beau'" in his hands w^h he had, 
for his purpose was it should goe with him to England. But 
John Charles afterward hearing that Ralph Worry had some 
coate beauer of Mr. Evance, he thought that was it, but it was 
some other as appeared by W"' Andrewes oath, servant to Mr. 
Jno Evance, w^h was as followeth. 

That W"> Andrewes maketh oath that by the order of his 
ml" Mr. Jn° Evance he, the said William Andrewes, packed vp 
1071 1^ of coate beaver & one otter skine in a cask, w^h he 
received of the Dutchmen for the vse of his m"" Mr. John 
Evance, w^h was directed to Mr. Lacke of Boston to be sent 
to Mr. Eldred of London, out of w^h he was innordred to jjay 
Goodm" Charles his bill of exchange. Mr. Evance informed 
the court that he paid Mr. Woory w^h beaui" that he received 
from the fort of D'Aurange. Leiut. Joseph Godfrey informed 
the court that he heard Mr. Evance give order to W™ And- 
rewes, and also the promise that passed to John Charles. 

Mr. Evance said he dealt faithfully w'h John Charles, for 
he intended to have sent it by way of the Bay, hearing he 
went that way, til afterw'"d, w^h made him take that care. 
Although he seetli himselfe short in that he gave not due 
notice thereof, seing he might have gonne ¥ the way of the 
Rivers mouth. 

Jn" Charles said this was all he had to say for damadge, if it 
did amount to anything or noe. Bro. Mosse required of Mr. 
Evance a reason whj he demanded execution so suddenly, he 
answered, because of Jn° Charles speedy purpose to dept. 

Thomas Newton of Fairfeild maketh oath, that John 
Charles, being at Mr. Pells howse, affirmed that Jn'' Evance, 
for the goodwill of the said John Charles in len[ding] him 
coate beau"" for some time, for w^h the said John Evance had 
promised him a bill of exchange, liee had mearly cheated h™. 

Joseph Alsop of Newhaven affirmed that he had sayled for 
John Evance two years, & it was longe erre he could get him 



300 NEW HAVEN COLONY RECORDS. [1646 

to acc% & that being come to accompt, & he was to have his 
monny, he sd hee was mearly cheated by him as at last. 
[179] l|Leiut. Seely witnessed that before the court John 
Charles said that there was noe more mercy in Mr. Evance 
then a dogg, & when he had any advantadge he would vse it, 
and that thus he spake at Phillip Leeks. 

John Charles acknowledged the grownd of all these words 
was the boate. 

The centence of the court was, that seing this way of slan- 
dereing not only reached to the defaming Mr. Evance, but the 
wounding him in his credit & faithfulnesse, w^h is to vndoe 
him so fare as lay in his power, he was fyned 50^^ to Mr. Evance. 



At a Court held March the 2<^ 1646. 

John Sackett demanded a debt dew from Stephen Medcalfe 
of 18^ 

W"' Fancy informed the court that Stephen Medcalfe said 
vnto Jn" Sackett in his hearing that he had forgott to reckon 
the 15'^ he owed him, w'h he said he would pay him the said 
John before he went, of w^h he was ready to make oath. 

Bro : Myles & bro. Whitnell are desired to view Stephens 
howse & judge what it is worth 'F weeke. 

W™ Illes his inventory* was presented to the court, where- 
vpon the Go"" propownded that Ric*» Beech give in securyty to 
the content of this court, or els pay into the treasurers hands 
the vallew of the inventory. Bro. Anthony Thompson and 
bro. Clarke are desired to view the land Rici^ Beech presents 
for securyty at home. Also ordred that the secretary wright a 

*"An inventory of Willm. lies his goods with the prizes." 

Sum £9. 19. 10. prized by John Clarke, Antho: Tompson. 

Wm. lies Dr. To Mrs Shearman .£0. 10. to Goodman Charles £0. 10. 3. to Good- 
man Ives ^0. 10. to Goodman Pecke £0. 0. 6. to Goodman Larramore £0. 0. 3. to 
Peter Mallorie £0. 6. to Rich Booth .£0. 4. to Serjeant Andrewes £0. 0. 7. to Wm. 
Bassett .£0. 0. 6. 

Wm lies Creditor. For work done at mill £2. 7. from Mr. Godfrey £2. 1. from 
Goodman Heards £0. 15. from Mr. Mullyner £1. 1. 6. from Arthur Halbidge £0. 0. 
10. from Wm Peck £0. 1. 10. for 9^ which was in a purse of wompm brought from the 
trading house £0. 9. from Isaac Beecher £0. 2. from John Mosse £0. 0. 6. for a howe 
valued by Roger Allen £0. 2. 6. 



1646] NEW HAVEN COLONY RECORDS. 301 

letter to the towne where W™ lies lyved, viito his brother, and 
that Richard Beech should bring into the court what chardges 
he hath bin at in gathering the inventory. 

Thomas Yale hath sold vnto Robert Johnson 62 acr. of 
vpland in the 2*1 devizion, 15 acr h of meddow, & 5 acr. | in 
2 pcells, w^h is f of the first devizion of David Yale, & 3 acr. 
h in ye neck. 

It was ordred that the proportions of John Meggs, John 
Gregory and Robert Preston be setled vpon them severally, 
they buying the proportions of 300^ from Mr. Evance. 

Samuel Hodkejs was called before the court for theft. 

Sarah Rutherford informed the court that Samuell Hodkejs 
had taken from her 20^'' of lead w<^h he had brought agayne. 
But she haveing promised some lead looked for it & fownd it 
wanteing, wondred at it what was become of it. At length 
Goodman Walker had some suspition of Samuell Hodkeyes, & 
speakeing vnto one of it, he telling Sam. Hodkeys of it, he 
then layd it wUi Edw : Preston & W™ White, & said he had it of 
them, informing that vpon the ships coming back unexpect- 
edly & these yong men in her, they were called lead mar- 
chants, & so he slandred them. 

But now he acknowledgeth his sinne, & he judgeth in 
h'"selfe that the court cannot passe too. heavy a centence vpon 
him, for he had sinned against his light & conscience, and 
confesseth he hath formerly l)in given to this way of theft. 
It is now the greife of his hart that he cannot bee suffitiently 
affected w^h it. And further acquaynted the court that the 
axe he formerly tooke from Mr. Evances gate, he did in his 
conscience feare now it was his, although then hee w^hstood it. 

The centence of the court was that Samuell Hodkejs make 
double restitution, and that for his slanders & lyes that hee be 
whipped publicquely, and that he pay the chardgs of the court. 



302 new haven colony recokds. [1646 

[180] At a Generall Court held the 10"i of March, 

1646. 

The names of people as they were seated in the meeting- 
howse were read in court & it was ordred they should be re- 
corded, w^h was as followeth, 

First for the mens seats, viz''. 
The midle seates have to sit in them, 

1 Seate, the Governour and Deputye Governo''. 

2 Seate, Mr. Malbon, Magistrate. 

3 Seate, Mr. Evance, Mr. Bracey, Mr. Fra: Newman, Mr. 
Gibbard. 

4 Seate, Goodm" "Wiggles worth, Bro. Atwatter, Bro. Seely, 
Bro. Myles. 

5 Seate, Bro. Craine, Bro. Gibbs, Mr. Caffinch, Mr. Linge, 
Bro. Andrewes. 

6 Seate, Bro. Davis, Goodman Osborne, Antho : Thompson, 
Mr. Browning, Mr. Roth''ford, Mr. Higginson. 

T Seate, Bro. Camfeild, Mr. James, Bro. Benham, W'" 
Thompson, Bro. Lindoll, Bro. Martin. 

8 Seate, Jn" Meggs, Jn^ Cooper, Peter Browne, W'" Peck, 
Jno Gregory, Nic^ Elsie. 

9 Seate, Edw. Banister, John Herryman, Benja : Wilmott, 
Jarvis Boykin, Arthur Holbridge. 

In the crosse seats at the end. 

1 Seate, Mr. Pell, Mr. Tutle, Bro. Fowler. 

2 Seate, Tho-" Nash, Mr. Allerton, Bro. Pery. 

3 Seate, Jn^ Nash, David Atwater, Tho"* Yale. 

4 Seate, Robert Johnson, Tho'" Jeffery, John Punderson. 

5 Seate, Tho™ Munson, Jn^ Leavermore, Rog^ All", Jos: 
Nash, Sam AVhithead, Tho°™ James. 

In the other litle seate, John Clarke, Marke Peirce. 
In the seates on the side for men. 

1. Jeremy Whitnell, W'" Preston, Tho'" Kimberley, Tho"' 
Powell. 

2. Daniell Paul, Ric'' Beckly, Richard Mansfeild, James 
Russell. 



1646] NEW HAVEN COLONY EECORDS. 303 

8. W"" Potter, Tho™ Lampson, Christopher Todd, Will^ 
Ives. 

4. Hen. Glover, W'" Tharpe, Mathias Hitchcocke, Andrew 
Loe. 

On the other side of the dore. 

1. John Mosse, Lucke Atkinson, Jn^ Thomas, Abraham 
Bell. 

2. George Smith, John Wackfeild, Edw. Pattison, Richard 
Beech. 

3. John Basset, Timothj Ford, Tho"^ Knowles, Robert 
Preston. 

4. Ric'i Osborne, Robert Hill, Jn" Wilford, Henry Gibbons. 

5. Francis Browne, Adam Nicholes, Goodman Leeke, Good- L 
man Daighton. 

6. Wm Gibbons, John Yincent, Thomas Wheeler, John 
Brockett. 

Secondly for the weomens seates. In the midle, 

1 Seate, Old Mrs. Eaton.* 

2 Seate, Mrs. Malbon, Mrs. Grigson, Mrs. Davenport, Mrs. 
Hooke. 

8 Seate, Elder Newmans wife, Mrs. Lamberton, Mrs. Turner, 
Mrs. Brewster. 

4 Seate, Sister Wackman, Sister Gibbard, Sister Gilbert, 
Sister Myles. 

5 Seate, Mr. Fr: Newmans wife, Sister Gibbs, Sister 
Crayne, Sister Tuttil, S. Atwaf. 

6 Seate, Sister Seely, Mrs. Caffinch, Mrs. Pery, S. Davis, S. 
Cheev's, Jn° Nash's wife. 

7 Seate, David Atwat's wife, S. Clarke, Mrs. Yale, S. 
Osborne, Sister Thompson. 

8 Seate, S. Wigglesworth, Goody Johnson, G. Camfeild, S. 
Pond^son, G. Meggs, S. Gregory. 

9 Seate, Sister Todd, S. Boykin, W™ Pottos wife, Mathias 
Hitchcoks wife, Sister Cooper. 

* The following passage, from Lechfords Plaine dealing, explains -why no seat is 
assigned for Mrs. Eaton, the Governor's wife. " At Neiv-haven, alias Quinapeag, where 
Master Davenport is Pastor, the excommunicate is held out of the meeting, at the 
doore, if he will heare." Mass. Hist. Coll. 3d series, iii. 73. Reference has already 
been made to Mrs. Eaton's excommunication. 



304 NEW HAVEN COLONY EECOKDS. [1646 

In the crosse seats at the end. 

1. Mrs. Bracey, Mrs. Evance. 

2. Sister Fowler, Sister Ling, Sister Allerton. 

3. Sister Jeffery, Sister Rotherford, Sister Leavermore. 

4. Sister Preston, Sister Benham, Sister Mansfeild. 

5. S: Allen, G: Banister, S. Kimberley, G. Wilmott, Sister 
Whitnell, Mrs. Higinson. 

In the litle crosse seate. 
Sister Potter y^ midwife, and old Sister Nash. 
[181] II In the seates on the sides. 

1 Seate, Sister Powell, Goodye LindoU, Mrs. James. 

2 Seate, Sister Whithead, Sister Munson, Sister Beckly, 
Sister Martin. 

3 Seate, Sister Pecke, Joseph Nash his wife, Peter Brownes 
wife. Sister Russell. 

4 Seate, Sister lues. Sister Bassett, Sister Pattizon, Sister 
Elsie. 

In the seates on the other side the dore. 

1 Seate, Jn^ Thomas his wife, Goody Knowles, Goody 
Beech, Goody Hull. 

2 Seate, Sister Wackfeild, Sister Smith, Goody Mosse, James 
Clarks wife. 

3 Seate, Sister Brockett, Sister Hill, Sister Clarke, Goody 
Ford. 

4 Seat, Goody Osborne, Goody Wheeler, Sister Nichols, 
Sister Browne. 



Brother Andrewes, bro. Munson <fe Goodman Basset were 
desired to view the posts of the meeting-howse, & to see if the 
girts fly not out & to doe whats necessary for the preservation 
of the whole, lest insensibly they should decay. 

Mr. Evance had liberty to depart the court. 

Richard Pcry secretarie had liberty to goe a voiadge for the 
comfort of his famylye, and Mr. Francis Newman was dissired 
&* declared himselfe willing to attend the service in his ab- 
sence. 

* These words [was dissired &] interlined by Mr. Newman. 



1646] NEW HAVEN COLONY RECOEDS. 305 

It was ordred that the former men chosen to view Goodman 
Wihiiotts land should set a rate vpon it, that so the towne may 
be paid Thomas Fugills fine. 

Mr. Malbon informed the court that himselfe & those chose 
w'h him to view the land that bro : Andrewes, bro. Cooper & 
Serjt Beckly desired onn the east side, & thought it might be 
noe way prejuditiall to the towne, wherevpon it was ordred 
that a survey be taken of the quantytye of the land. 

Brother Crayne, brother Myles and Leiutenant Seely were 
deputed to view a cart-way betweene Milford and Newhaven, 
and to make report to the court how they find it. 

It was ordred that ^ '^ a head be layd on the cattle 
(imedyatly, but finally on the fences that are defective,) 
brought to the pownd, report being made of some fences that 
are downe. It was also ordered that the fences be viewed 
after stormes, and that the viewers be paid for their paynes 
therein by those whose fences are defective. 

It was ordred that tlie view be made euery last whole weeke 
in euery month by the viewers of tlie fences, that so defects 
may be returned to the next court, w^h may be a means to 
prevent damadge. 

It was ordred that every cow-keep burne his owne walk & 
that he be paid by them whose heard he tendeth. 

Whereas there hath bin a question about a highway to those 
lotts at the Oysterpoynt, it is ordred that Mr. John Wackman 
& bro. Anthony Thompson shall issue it by order of this court 
and consent of the qu^ter. 

It was ordred that noe man put any cattle in the Necke be- 
fore May day. And if any be fownd there, they are pownda- 
ble, & that noe man drive his cattle any otlier way then as his 
land lyeth in the towne, eastward or els northward. 

Brother Wackman, brother Myles and brother Davis vpon 
request of bro: Mitchell were to view some land desired by 
him at the playnes. 



39 



306 new haven colony records. [1647 

[182] At a Court held at Newhaven this sixt of Aprill, 

1647. 

Thomas Nash informed the court that there is some fence 
downe in that quarter w<=h they call Mr. Malbons quarter that 
they find noe owner for, therfore the court ordred that the 
owners of the land w^hin that quarter shall meete vpon the 
fift day of this weeke, at 4 a clocke in the afternoone to setle 
the fenceinge vpon the partyes it properly belongeth to. And 
for euery partye that fayles to meete according to this order, 
they haveing lawfuU warninge, shall pay 12^', 

James Heywood was called forth to answere for the sinne of 
drunkennesse, the chardge against him standing thus, that 
being called to went aboard a Dutchmans vessell, and did 
there drinke stronge watters in such excesse that he made 
himselfe drvmk by it, so as that he had not the vse of his rea- 
son, nor of his tongue, hands or feete ; so that there is all the 
caracters of a drunken man, as was most fully proved when he 
was cast out of the church. The Govern our further declared 
to him how greatly his sinne was agravated w'h manny cir- 
cumstances, but espetially that he, being a member of the 
church wUi whom the Lord had dealt so kindly with, and he 
so to requite the Lord was a sinfull foolish thinge, oh foolish 
people & vnwise, doe you thus requite the Lord. 

He haveing liberty to speake for himselfe answered, I owne 
my sinne and take the shame, and doe confesse the name of 
God hath bin dishonored and ))laspheamed through mee, for 
my sinne hath manny circumstances w^li maks it greivious, 
for w^h the hand of the Lord is justly out against mee, so that 
I have nothing to say, but doe justifie the proceedings of the 
court in what God shall guide their harts to. 

This answere being given, the Governour opened the case 
thus, Drunkenesse is among the fruits of the flesh, both to be 
witnessed against, both in the church and civill court, and its 
a brutish sinne, and so to be witnessed against. A whip for 
the horse, a bridle for the asse, & a rodd for the fooles backe, & 
his sinne is more hey nous as he was a member of the church. 
But it hath not bin brought to mee that this man hath bin 



1647] NEW HAVEN COLONY RECORDS. 307 

given to clruiikennesse, nor is it fownd that it was an appoynt- 
ed meetinge for drinking, but he being called, drank an ex- 
cessive quantitye w^h caused these elects. I leave it therfore 
to the courts judgement whether they shall find it a dispositio 
to drunkennesse or an act onlye. 

The court considering what had bin said, thought it not a 
disposition to drunkennesse in him, nor a match appoynted for 
drinking, therfore thought not to punish it w'h corporall pun- 
ishement, but by a fine. Therfore the centence of the court 
was, that James Heywood pay fivety shillings to the towne for 
this act of drunken esse. 

An atatchm' being layd vpon the goods of Mrs. Stallion Ijy 
Richard Piatt of Milford for a debt of 57% it was ordered, that 
Mr. Goodyeare & Mr. Newman, who were intrusted by Mrs. 
Stallion wUi her estate, doe pay doe pay the aforesaid Ric^* 
Piatt the 57*^ w^^h is due to him for rent of the howse w<=li 
Mrs. Stallion did live in, & the said Ric^ Piatt doth promise, 
that for any thing done to the howse by Mrs. Stallion, when 
the covenant is out he shall stand vnto such just considera- 
tions as is fitt. 



At a Court held at Newhaven the 4ti' May, 1647. 

An entry of 5 acr. i, 12 rodd of land lyeing on the west side 
abutting eastward vpon a highway by the west meddow, west- 
ward vpon the second devizion of land on the west side, 
allyenated from Richard Beech to Anthony Thompson. 

Richard Myles <fe Jeremy Whitnell haveing bin apoynted to 
view Stephen Medcalfes howse, returned to the court that the 
fence stands, and John Sackett hath put vp some pales & spent 
some nayles ; the said John gave in a noate to the court, of 
chardges w^h had bin spent about the howse, to the vallew of 
about 17^ 8'^, & what the howse & lott was worth by the yeare 
to defray this chardge, or what it is worth to be sold, was 
refferred to Richard Myles & Anthony Thompson, and to take 
in the helpe of some workmen with them. 
[183] II Brother Leavermore desired his fine w^h he was 



308 NEW HAVEN COLONY RECORDS. [1647 

fined for contempt of the court might be remitted, but it was 
respitted. 

Brother Leavermore is also charged w^li late comming w'h 
his armcs one Lords day, but because the serjeant was not 
there w^h accused him it was respitted. 

Richard Smoolt, servant to Mrs. Turner, was chardged by 
his Mrs. for sundry grosse miscariadges, as for scoffing at the 
word of God Wh was preached by Mr. Cheevers, for other 
rebellious carriadges in the famylye, as when his mistrisse sent 
him for any necessaryes he hath thow" part of it into the fire, 
& part into the watter, & said it should never doe here more 
good. When he hath asked for a pott in the howse, & it was 
told him his Mrs. had it, he bid the Divell goe with it, and 
when his Mrs. came to correct him for a lye, he turned againe 
and did wringe her by the arme & if the other servant had not 
taken him of, it was thought he would have beaten her. He 
asked her daughter Rebecca if she were not w*h child and 
therin slaundered her, he haveing noe grownd soe to doe. 
These things being cleared to the court by witnesse and his 
owne confession, besids other miscarriadges charged vpon 
him, the centence of the court was that he should bee seuearly 
whipped. 

Edward Banister complayneth that Tho'" Osborne being 
cow-keeper for the cowes on their side, and his among the 
rest, did one day loose one of his cowes neglegently by leave- 
inge her in the feild swamped, and saith that the said Tho'" 
kept in howse that day to keepe himselfe drye because it did 
rayne & saith Mr. Hooks man can say something to it. 

Mr. Hooks man sath that he mett w'h Nathanjell Seely as 
he came home, who kept cowes w'h Tho'" Osborne that day, 
& told him that it was a wett day to keepe cowes in. I, saith 
hee, but 1 was the most part of the day in a wigwam or some 
shelter. 

Tho™ Osborne, answered for h'"selfe, that day he kept the 
cowes & Nathanjell Seely with him, and carfully turned the 
cattle from the swamps, & when they were to come home, Na- 
thaniell Seely he sent throughout the playnes w'h the cattle 
& went to search the swamps himselfe, least any cattle should 



1647] NEW HAVEN COLONY RECORDS. 309 

be there, but fownd none, and thought there had not bin a cow 
behind, but at night Goodman Banister demaunded his cow, & 
he would have gon that night though it rayned to secke her, 
but they agreed to goe in the morning & did so, but fownd her 
not.* It was demanded of Nathaniell Seely how long they 
were in the howse, he answered, not aboue f of an hower. 
And Tho™ Osborne said the day was exceeding wett & they 
went in there to shelter themselues a litle, the cowes being 
hard by the howse, & staid not, & for what shelter els they 
had vnder some bowing or hollow tree. The next day after 
they went againe to seek her, and Georg Smith and Ric'' 
Osborne went with them. George Smith said they went 
downe that swamp where afterward the cow was fownd and on 
that side of the swampe, but saw noe cow but a black thing in 
the swampe w^h they tooke for a stumpe of a tree, yet they 
sought dilligentlye as if the cow had bin their owne. 

Richard Osborne said they went rownd the swampe as well 
as wee were able, we searched & went through the swampe 
twise, and if it had bin my owne cow I could have looked noe 
otherwayes, & for my part if it had not bin a thing hidd, I 
cannot tell how wee could misse her. 

The court considring things as they have bin held fortli by the 
severall witnesses, doe not see grownd to charge Thomas Os- 
borne w^h any grosse neglect in this matter, either in looseing 
first the cow, or after in seekeing her vpp. Therfore the cen- 
tence of the court was, that Thomas Osborne be freed from 
the losse, & Goodm^ Banister must beare it as an afflicting 
providence of God cast vpon him. 

John Bishopp, sqvy^ to Mr. Allerton, was complayned of for 
want of armes, & though hee made sundry apologies, yet the 
court saw cause to line h'", but because his M"" is much absent 
& y' it did also appeare y' wh» his M"" heard of it he tooke 
care to pvide, y^ court did inclyne to favour & did abate halfe 
of the fine for want of armes, so y' the fine to be paid* 

[ ] 

[184] II W™ Payne for neglectinge to bring his armes one 

lecture day, was fined 6*^. 

* Half a line worn away. 



310 NEW HAVEN COLONY RECORDS. [1647 

Further W'" Payne was complayned off for not comminge 
time enough one Lords day morning & eveninge, but seing it 
appeared he was very neare before the drume had don beating, 
and consideringe the distance at Vf^li he lives & he saith he 
could not heare the first dru, the court saw cause to moderate 
the fine, & was fined for both but 1^ 

Roger Knapp was complayned of for not bringing his armes 
one Lords day, & for not coming to the squadron meeteinge, 
but being absent it was respited. 

W'" Gibbons was complayned of for late comminge one 
Lords day, but it apearing he was not well, nor in case to 
come, it was passed by. 

Mr. Caffinch was complayned of for late comming one Lords 
day, but respitted. 

John Lawrenson was complayned of for late comminge 2 
Lords dayes & one night to watch, but respited. 

Rich : Beech propownded to the court for helpe, Mr. Mully- 
ner not paying to h™ what the court ordred h™ to pay for his 
coz'% W'n lies. The court propownded that hee would stay 
till another court, wh. he inclyned to doe. 

Further, whereas Anthony Thompson & John Clarke were 
to view some land of Ric'^ Beeches for securjtie of W™ lies 
his estate, they thinke the land is not securytye, therfore the 
court gave him time till the next court to provide sufficient 
securytye, or els to pay it into the treasurer. 



At a Gen" Court at Newhaven 17**1 May 1647. 

The Governo"^ propownded & acquaynted the court that 
those that were apoynted to audite the treasurers accompts had 
done it & fownd that the towne was indebt, and sundry things 
were to be paid to severall men & the treasurer had it not in 
hand to pay, therfore there is cause for a new rate to be levyed, 
that righteousnesse may be attended. After much debate, it 
was voted that one halfe years rate be forthwith paid into the 
treasurer, ouer <fe aboue the yearly rates in their ordynary 
course. 



1647] NEW HAVEN COLONY EECORDS. 311 

The GGvernC propownded to the court about the monney 
paid for imprisonements, whether it should wholly goe to the 
m'"shall over & above his yearly sallery, and it was voted that 
it should. 

It was propownded by Leiut. Seely that the planters in the 
towne whose mynds were industrious that way, might have 
libertye to set vp wares to catch fish for the releife of their 
famyljes and good of the towne, and it was granted they 
should, provided that there be noe stopping of lighters, nor 
damming vpp of rivers or harbour to bring further inconveyn- 
yence to the towne^, & that they be not p^'juditiall to the wares 
the Indians have already set vpp, nor shall any man set vp any 
ware to the hinderance of another w^h is already set vp 
before. 

Serjeant Nash propownded whether it was the courts mynd 
that mi's of watches should be freed from walking the rownds 
& standing sentinell on the Lords dayes, but after some debate, 
the thing was respitted till another court. 

W™ Preston, who was intrusted to looke to the shutting 
the meeting-howse dores, was desired to keep them constantly 
shutt, & that they be opened vpon the Lords dayes & lecture 
dayes before the first drume is to beate, and W™ Andrewes 
was desired so to repayre & order the dores that they may be 
opened on the outside when vnlocked & vnbarred, & at other 
times to shutt fast & secure. 

Robert Bassett was desired to beat both the first & second 
druine, vpon Lords dayes and lecture dayes, vpon the meeting- 
howse, that soe those who live farr off may heare them the 
more distinkly, & he promised so to doe. 

Capt. Malbon prbpownded to the court, that seing the towne 
had noe cull''s for the trayne band, that therfore tlie towne 
would pay for part of them or wholly, & let the artillery have 
the vse of them, & the drummer might be paid by the towne 
for drumming for the artillerie, but it was respitted. 
[185] II The Governour propownded that the colledge corne 
might be forthwith paid, & that considering the worke is a ser- 
vice to Christ, to luring vp yonge plants for his service, and 



312 NEW HAVEN COLONY RECORDS. [1647 

besides, it wilbe a reproach that it shalbe said Newhaven is 
fahie off from this service. 

It was propownded that they W=h want hay, would speake 
in time to the treasurer, that the meddow in the townes hand 
may be disposed off. 

It was propownded that seing it doth apeare that both yonge 
cattle & hoggs doe goe vpp the neck way, and finding the gate 
shutt doe swime over & doe damadge, whether it was not nec- 
essarie therfore that a fence and gate be made crosse the way 
at Mr. Tutls corner, for preventing the same, & it was voted, 
that a strong fence & gate be made & kept at the townes 
chardge. 

Brother Andrewes acquajnted the court that he is now goe- 
ing to fence in his meddowe in the necke wherin the springs 
is, that therfore the towne would appoynt some to view what 
may be for the townes conveyniency, that it may be left out & 
he have allowance for it elswhere, & bro : Cooper was ap- 
poyntcd to doe it. 

It was ordered that the Necke be driven this afternoone by 
bro : Cooper, and what cattle are fownd more then belonginge 
to them who have given in their names & quantities of land 
to the governo'', shalbe pownded for breach of order. 

The Governo"" acquaynted the court that bro : Andrewes 
had bin w4i him & told him that hee thought it not conveyn- 
ient for him to keepe the ordynary any longer, then August 
next he cannot keepe it ; &, therefore declares it now, that the 
towne might thinke how to provide for another to doe it. 

Bro. Andrewes & Goodm" Meggs both came late to the 
court, but they made such excuses as the court accepted, & 
they were freed from the fine. 

Henry Morrall <fe bro. Lampson vpon their request had lib- 
erty to dcpt the court. 

Captayne Malbon propownded that the towne had bin ill 
provided of Serjeants, in regard tliat Serjeant Jefferys is abroad 
much by reason of lis occassions at sea, therfore whether the 
towne will not see cause to chuse another serjeant in his 
roome, and the rather seing Serj' Jeffreys hath earnestly 
desired it, as Leiut. Seely & Serj* Munson did testifie in court. 



1647] NEW HAVEN COLONY RECORDS. . 813 

The captayne also affirmed the same & that he was vnwilling 
to move for a change till that now he vnderstandeth Serjt Jef- 
ferys purposeth to imploy himselfe more fully in sea affayres. 
W^h being considered, bro : W'» Fowler was chosen serjt for 
the towne. 

Corporall Leavermore desired the court that he might be 
freed from the place of a corpH, because he thought his neces- 
ary occassions would call him to goe for England, his desire 
was granted & bro. Joseph Nash was chosen corp'i to the 
towne companny. 

Goodman Wilmott propownded to the court that he might 
have the 24 acres of land w^h was Tho™ Fugils, at the foote 
of the West Rock, granted to him as land is given to other 
planters as inheritance, and he will give to the towne 3' a 
yeare till the 20^ be paid for the fine due from Tho™ Fugill, 
W^li fine the said Thomas ord'd to be paid out of this lands ; 
and the said Goodman Wilmott will fence it at his chardge. 
After much debate about it, the court saw cause to grant it to 
Goodman Wilmott vpon his desire, and so it was ordered. But 
seing it did appeare in court that the said Tho™ Fugill had 
made over this land to one in the Bay for monny he owed, & 
that before he left it to the towne for their fine, therfore it is 
ordered, that if any one come & lay clayme of the land & 
recover it, that then what rent the said Goodm" Wilmott hath 
paid to the towne, they shall pay back agayne to h'». 
[186] II And further it was ordred that the said 24 acres of 
land shalbe soe laid out as Goodm'i Wilmotts howse shall not 
stand vpon it, but neare to the side thereof, for the more con- 
veynient improvement of the said land, and what land he hath 
broken vpp without the 24 acres, he is to have the vse of it 
for this yearc. 

It is ordered that the measures and waights of greater or 
lesser quantity, w^h men buy & sell by, shalbe brought into 
the meeting howse to be tryed, vpon the fift day come seaventh 
night, w'^h wilbe the 27*'^ of this instant month, & whosoever 
shall faile hereof is to pay 12*1 fine & yet to fall vnder the 
gen' courts order for any vnrighteousnesse. 
40 



314 NEW HAVEN COLONY RECORDS. [1647 

Viewers chosen for the severall quarfs for this yeare ensew- 
inge. 

For Mr. Eaton & Mr. Malbons quarter, Mr. Francis New- 
man & Tho'" Kimberly. 

For Mr. Newmans & Mr. Brownings q-'tr : Ric'^ Becklye and 
Andrew Loe. 

For Mr. Evance quarter, John Meggs and Thomas Wheeler. 

For Mr. Wackmans quarter, Mr. Wackman & Tho"i Os- 
borne. 

For Mr. Grigsons quarter, Henry Lindoll and Thomas 
Barnes, but Tho'» Welch is to satisfie Tho'" Barnes for his 
paynes, or els to pvide another. 

For Mr. Lambertons quarter, Mr. Jannes and W'" Preston. 

For the suburbs onn l)oth sides the creeks, Mathew Cam- 
feild & Wm Thompson. 

For the Oystershelfeild, Francis Browne & Mathew Moul- 
thropp. 

For the playnes, W'" Davis and Adam Nicholls. 

For the farmes on this side the East River, Joshua Atwat- 
ter & W"" Potter. 

It was ordered by the consent of the planters of Mr. Wack- 
mans quarter & Mr. Evance qu^ter, that Jasp Crayne and 
Francis Newman shall consider of the fence in difference 
betwixt them, & so end it if it may bee, if not, to report back 
to the court againe. They are also to consider of a like dif- 
ference betwixt Mr. Lambertons quarter and the suburbs. 

It vv^as propownded whether all the towne but magistrats & 
church officers should not watch and traync, but 'after much 
debate it was respited vntill another court. 

W™ Andrewes propownded that himsclfe, Jn° Cooper &, 
Ric'' Beckly might have a neck of land lyeing one the east 
side, beyond the pine river, conteyning 113 acres, which was 
formerly refferred to the view of Mr. Malbon and Mr. Fran- 
cis Newman, and that they might have this 113 acres instead 
of 70 acres w^h they were to have in their second devizion at 
the end of Mr. Evance quarter. 

The court considring the distance of this land from the 
towne & the difficultjes w^li would attend the improvement of 



1647] NEW HAVEN COLONY RECOEDS. 315 

land so farr off, & on the other side of the river, granted it to 
them, provided that a place be left next the great river and a 
conveynient way to it, that there may be liberty to bring any 
thing to or from the land beyond, if it shall come to bee im- 
proved, and further it is agreed y' they shall pay rates for 
their 70 acres w^h was there first prop alottment, the 43 acres 
added being rate free. The bownds & lymitts of this necke 
of land is as following, viz''. 

[The remainder of this page isblauk,] 



[187] At a Court held at Newhaven the first June 

1647. 

Tho'" Kimberly alyenated one acre of meddow vnto Fran- 
cis Browne, w^h meddow lyeth on the island in the East 
River, & on the side next Mr. Davenports farme. 

Mr. Caffinch for late comminge one Lords day was fined 1^ 

Ric'' Osborne haveing in a geni court chardged the watch- 
masters of this towne w^h sleeping all the night, & said he 
had rather watch for a watchm"" for 6^ a night then for a 
watchm" for 12^ a night, w^li expressions were to the great 
offence of the watch-masters, and the case was then com- 
mended to the perticuler court to consider of Ric'^ Osborns 
chardge, by the gen' court then mett. The Go"" informed 
Ric'i Osborne that he had, by his rash words, layd the watch- 
masters vnder vnfaithfulnesse in their trust. 

Ric'i Osborne said in his defence, that his answere was in 
the gen' court, that he could not clearly prove they slept all 
the night, & so desired to fall vnder his rash words. 

Ric'' Osborne *added that in a perticuler liis witnesse is 
absent wherby he should have proved a m'" to have slept, & in 
answere to a question put to him he said, hee did know of this 
case before he spake in court, W^h was Mathew Camfeild, who 
being watchm'', finding fault w'h some one of his watchmen, 
said he would not burden his conscience for any of them, but 
himselfe, after the watch was set forth, fell asleep, and then 



316 NEW HAVEN COLONY EECORDS. [1647 

one of the watchmen said to him, doe you not Imrden yo"" 
conscience w'h that, viz'^, sleepingc. 

Againe Richard Osborne complayned of Anthony Thomp- 
son, that the last night hee watched he fell asleep before the 
watch was sett forth, & he spake to Georg Smith of it, & he 
touched him w'li his sword & waked him, & that Luke Atkin- 
son told him, alas, poore man, he was asleepe. Ric"^ Osborne 
was informed this was not his way, but that he should labour 
to see his owne evill & acknowledge it, and not indeavour to 
lessen his evill in this way of searching out somthing to hide 
his sine, as this of Antho : Thompson, if it should be true, 
Avould prove, espetially it Ijeing don since the last generall 
court, wherein he spake so slanderouslie of the watchmasters. 
The centence of the court was, that Ric^ Osborne should 
pay 40^ fine to the towne, for his slanderous reproach layd on 
the watchmasters, wh he was not able to make out or prove, 
and also that in a generall court he make a full acknowl- 
edgem^ of his sinne. 

Ric'' Osborne complayned of Antho. Thompson, that the last 
time he did watch he fell asleep before the watch was sett forth, 
and that he did speake to Geo. Smith of it & then he, the 
said George Smith, did touch him w^h his sword to wake him. 
Also he saith Luke Atkinson told h™, as they walked the 
rownds together, alas, poore man, he was asleepe, & his hat 
did lye vpon the grownd. 

Luke Atkinson informed the court that Ric^ Osborne poynt- 
ed vnto him to bee an eye witnesse of the thinge, but it was 
before the watch was sett he thinks. 

Rich Osborne herevpon said that Luke Atkinson in regard 
of the absence of one watchm" (standing somtime sentinell in 
his behalfe) standing long & not being releivtd, went into the 
fier to warme him & fownd him asleepe, & that after he had 
stood sentinell awhile & come in, Antho. Thompson desired 
him to stand sentinell againe, w^h shewed he had bin asleepe. 
The Go"" asked Ric^ Osborne whether he could prove a sleepe 
in an vndue manner. 

Ric^ Osborne answered he thought he might take oath he 
was asleepe so long as a man might goe from the watch-howse 



1647] NEAV HAVEN COLONY RECORDS. 317 

to the meeting-howse, although neither of the other two 
chardge him w'h it, adding he had told Luke Atkinson that 
hee was disord'ly sleepinge. But Luk Atkinson saith he 
remembreth noe such thinge. But this case was thus left w^i 
the aprobation of the court & Richard Osborns consent. 
[188] Ij Roger Knapp absent from squadron trayning y? 7^'' 
Aprill & late vpon the Lords day 18t'> Aprill, he answered that 
for the squadron trayninge he had forgott it, & his wife being 
forth he stayed with the children ; & for that Lordsday, his 
wife his wife had bin sicke the Lordsday before, & she desiring 
now to goe to meeting, he stayed at home. He was fined 1^ 
towards the squadron trayninge neglect & the other was 
passed by. 

John Nash hath sold his second devision of vpland w<^h he 
had w'h Mr. Mansfeilds lott, viz'i 11 acres, to Mathew Moul- 
thropp & 11 acres to George Smith. 

Peter Browne hath sold 2 acres 32 rodd of meddow to 
George Smith w'^h is all the pportion of meddow in the west 
meddow, & 5 acr. ^ of vpland lyeing in the first devision of the 
suburbs quarter. 

George Smith aljenats 1 acre 16 pole of the forementioned 
meddow vnto Mathew Moulthropp. 

Peter Browne hath sold all his land in the Neck to Mr. 
Malbon. 

Geo: Smith hath sold all his land in the Necke to Mr. 
Malbon. 

Vincent Meggs was complayned off for not bringing his 
armes one shewing day and was late one Lords day, & was 
fined 6s. 

John Lawrenson complayned off for comminge late to watch 
one night, for cominge late 2 Lords days. Mr. Malbon an- 
swered for h™ & said that one Lords day the cattle brake out 
of ye yard & he followeing them to prevent damadge, because 
it was in the spring & then cattle were apt to be swampt, but 
he came & mett y" that walked the rownds in the m^ket place, 
and at another time fell asleepe & outslept himselfe, fined for 
2 defects, 2^. 

Thomas Lampson absent from one squadron trayninge, lis 



318 NEW HAVEN COLONY RECORDS. [1647 

aiiswere was that it fell a rayniug & thuiidring when he was at 
lott & he thought that would put by the trayninge, but the 
compa exersised. He was fined 2^ 6'i. 

Jno Leavermore desired that his fine for contempt might be 
taken off, but the court, but y court as yet see noe reason to 
move y'» to it. 

Samuell Hodkejs totally aljscnt one trayning day answered 
he did want bread & went to mill ; this answer not satisfying 
the court, it was ordred that hee pay 5% the fine for totall 
absence. 



At a GenI Court held at Newhaven 5 July, 1647. 

It was desired that as men had formerly ingadged them- 
selues to contribut a portion of corne to the colledge, that the 
would not now be slacke in carrying it to the collecto''s, but 
that w^hin 7 or 8 dayes at farthest, these that are behind 
would pay, for its a service to Christ & may yeald pretious 
frut to ye collonyes herafter, being that the commission'"s have 
taken order that none should have the benifit of it but those 
that shall remayne in the country for the service of the same, 
the bringing in of w^h corne was ingadged by vote. 

It was now remembred that form"" orders were made for the 
incouradgement of the sheapheard, but lately it is fownd that 
vppon some speeches that he hadd mett w'hall from some, 
he has entertayned thoughts to remove. Therfore it was de- 
sired that things might be so considered off, that the sheepe 
with himselfe might bee kept in this towne, for thereby much 
good may redound to the publicque. 

Herevpon it was ordred that the Necke, or so much of it as 
may be improved liy the sheep, should from time to time be 
made vse of as a sheep pasture, & to that purpose it was fur- 
ther ordered that euery one who hath grownd in the neck 
should clcare his land, according to order from the committee 
to be chosen to treate w'h Goodman Smith, & consederation 
was had also about a penn to keepe sheepe in, all w^h w'h 
sundry other questions was comitted by this gen" court vnto 
those of the perticuler court, joyning to them elder Newman, 



1647] NEW HAVEN COLONY RECORDS. 319 

bro. Myles, Mr. Tiittle, Mr. Caffinch, Mr. Gilbert, Mr. Wack- 
[189] man, || W'" Preston, bro: Camfeild and Goodman 
Johnson, as a committee vnto whom all questions concerninge 
the sheep buisinese is refferred. 

In regard of a former order made concerninge the leaveing 
of some questions about a highway in Mr. Lambertons quar- 
ter, vnto bro. Wackman & bro. Antho. Thompson to issue, & 
their thoughts beinge that it will best, as they conceive, an- 
swere all the quarter if the highway runne through the midle 
of their lands. Goodm" Hitchcocke thinking his right too 
much to be intrenched vpon therby, besides some extreame 
inconveyniencjes to follow on him besides, the consideration & 
full determynation of all questions in that poynt was recom- 
mended vnto Mr. Malbon & Mr. Francis Newman, bro : Wack- 
man & bro. Thompson, and the quarters meetinge, and the 
said committee are to give notice when & where they will 
meete, & if any fayle of comminge, he shall pay 12^1 fine for 
his defect in none appearance, & also shalbe bownd to stand 
vnto what those that meete doe conclude of in the case. 

Bro: Andrewes was desired that himselfe & some others 
formerly deputed, would againe view the west bridge, that all 
further damadge may be seasonably prevented and the woike 
as soone as may bee (thats to be don,) finished. 

It was ordred that in the orders about watching, theise 
words be added, (that euery watchm'' must see & view the 
armes of every watchman that they be compleat,) w'^h is but 
the exposition of the former order. 

It was. propownded that men would cloare wood & stones 
from their pale sides, that the watchmen in darke nights mio-ht 
the more safely walke the rownds w^hout hurt thereby, & the 
orders about watching were read in court. 

Richard Osborne who had formerly given publicque offence 
by chardgeing the watchm'"s generally w*h disorderly sleepe- 
inge, neglect of their dutie in their trust committed to them, 
now made acknowledgement of his sinne in so chardgeino- 
them, whereas he is not able to prove any such miscarriado-e 
& perticulerly, to justifie himselfe had called Antho: Thomp- 
son into the court, & had chardged Mathew Camfeild & Mr. 



320 NEW HAVEN COLONY RECOEDS. [1647 

Tutle w^h neglects or sleepeiiig dureiiig the time they should 
have bin wakeing & attending their trust, w^h he was not able 
to prove against any of them, w'-li did satisfie. 

Bro: Mitchell & Goodm" Daighton request the court to be- 
stow a peice of spare grownd vpon them which lay betweene 
their howse lotts, with promise to mayntayne the highway be- 
fore their dores or howselotts & stopp the currant that now 
spoyleth the way. And the grant of the land w'h a view of 
the conveyniency of it to the towne & them with the incon- 
veyniences that may attend Goodman Buckingham was reffer- 
red vnto brother Ric^ Myles & bro : W'" Davis, & what they 
should doe therein the towne would allow of. The land to be 
devided in proportion to each as the committee see cause. 

It was ordred that the captayne w'h the rest of the mjlitary 
officers should see one Jn" Jackson, servant to Mr. John 
Wackman, & judge whether he be meete for exersise and 
watchings, considering that he is purblynd. 



At a Court held at Newhaven this 6th July, 1647. 

The Governo'" informed the court that it had bin above a 
tweluc month since Mr. Thomas Trowbridges howse & land 
had bin sould vnto Mr. Evance, & that therfore he had desired 
Mr. Evance to come to the court, none of the monneyes being 
yet paid. 

Mr. Evance answered that he received the land for country 
pay & also he bought in it refference to debts dew to him from 
some of the credito''s, who owed h'" monnyes. 

The Go'" told Mr. Evance that monnyes were due to the 
towne for the rates of y^ land 10' or vpwards, W^h must bee 
paid. Mr. Evance promised to see that dischardged, only 
said if the debt were demaunded, he would hope the court 
would doe h'" the lik right, that he may have whats dew to 
him from others, w'^h the court told him he should not fayle 
of. Whcrevpon Ric'^ Pery & Henry Gibbence were desired 
against the next court, to cleare the debts dew to them by 
good testimony. 



1647] NEW HAVEN COLONY RECORDS. 321 

[190] II John Hall informed the court that Mr. Wilks for- 
merly of this towne had promised to give his wife tcnn pownds 
if she should serve out her time w^h him w^h she did. And 
to prove that promise brought first Wi" Payne, who vpon oath 
affirmed, that the first time that he heard his M^ Wilks speake 
this was at Boston, on what grownds he knoweth not, that if 
his mayd would stay out her time, he would give her tenn 
pownds, & this hee heard him say often here before the ser- 
vants in the howse. 

Brigett Wilks vpon oath affirmed that she heard her vncle 
promise to give Goodye Hall ten pownds if shee served out 
her time. 

Sister Hall informed the court that she demaunded nothing 
of her mistris because her mistris told her her master would 
give her a portion. 

A difference betweene Mr. Francis Newman, Tho™ Mitchell 
and Goodman Dayton was presented to the court. Vpon the 
courts advize that 2 men might be chosen to end it, by con- 
sent Mr. Crayne & Goodman Myles wer chosen. 

Mr. Thorn Pell haveing attatched about 2001 of Mr. Zellicks 
goods, Mr. Pell & Mr. John Evance entred themselues as 
security to the court for ye damadges. 

Ambrosse Sutton for comminge too late at watch was com- 
playned off. But Mr. Crayne affirming day light was not in, 
& armes not viewed, nor the watch sett, it was passed by. 

Richard Osborne haveing satisfied the court & the watchm''s 
concerning his wronging them, desired his fine might be taken 
off, but it was respitted. 

W™ Blayden being warned to the court and not appearing, 
it was accounted a contempt. 

Brother David Atwater being absent from the watch one 
night was ordred to pay his fine. Also defective another time, 
but he layeing the fault on the m"" of the watch it was re- 
spitted. 

Mr. Henry Brunwin hath sould to Goodm^i W™ Judson, his 

dwelling howse, howse-lott, w h the orchard in it, & the barne 

that now is standing onn it, 37 acr of vpland w^h is his first 

devizion w^in 2 myle, w'h 7 acr. I. 24 rodd in the Necke, 21 

41 



322 NEW HAVEN COLONY KECORDS. [164T 

acr. of meddow, and 84 acres of ypland w^h is his second devis- 
ion, all his right in comons & oxe pasture & whatener hereafter 
shalbee a privelidge to his lott, together w4i a bedstead and 
triindlebedd, a paire of vallance & a peice of blew darnix, a 
malt-mill, a well biickett & chayne, two loads of clay brought 
hom, & the fence about the lott repayred, as ^ a bill of sayle 
appeard pi'sented in court. 



At a Court held at Newhaven Aug. 3*^, 1647. 

W'" Blayden warned for a contempt the last court, his an- 
swere was the could not not come because of the extreame 
payne he was vnder w^h satisfied. 

Also he was complayned of for late comming 2 Lords dayes, 
one day he heard not the drurae, and thother day he haveing 
wett the day before in the evening it rayninge, & he not able 
to mak a fier to dry his clothes, was forced to lye abedd the 
Lords day. For these defects his answere was vnsatisfying, & 
he fyned 2^ It was ordered that the next court he appeare 
to hold forth the sight of his sine in profanely neglecting to 
co"i to the ordynanses. 

Bro. Benham for his neglect in warninge David Atwater to 
watch was fined 5^ 

Mrs. Turners man absent from the watch one night was 
complayned onn, Mrs. Turner did answere that she had 2 
oxen tooke hurt & were in danger to dye, & in attendance on 
them it proved the neglect of the watch, W^h satisfyed the 
court. 

Mihill Palmer was complayned of for absence one night 
from the watch, he answered he had provided & agreed Ric*! 
Osborne to watch all the yeare for him. Ric^ Osborne denyed 
any such agreem^ absolutlje made w'hout condicon, but ho 
being ill cou.ld not attended as in former seasons he had, & 
when he gave Mihil Palmer notice he was ill, did his indeauor 
to have gotten one to have watched but could not, wherevpon 
it was passed by. 
[191] II Mr. Whitman, elder at Milford, alyenated his 



1647] NEW HAVEN COLONY RECORDS. 323 

howseing, lands, & what right he either hath or may have 
hereafter in Newhaven, vnto Mr. John Bracey. 

Richard Osborne acknowledged that he had in a gennerall 
court chardged the my^ of the watches w^h that he could not 
prove, nor was true in itselfe, & by what was said in court he 
was convinsed of his sinne, & haveing satisfied the masters of 
the watches in a gennerall court his fine vppon his intreaty 
was rerhitted. 

Mr. Jno Bracey doth alyenat to Mr. Wackm" 21 acr. i & 
20 rodd of meddow w^h lyeth in the west meddow, 10 acr^ 
beyond the river, wUiin the lynes of the quarter, & 11 ac. & 
20 rodd to be layd out in Solitary Cove or Mr. Malbons med- 
dow as its cast. 

Also 19 ac. ^ of vpland, lyeing beyond the West River in 
the first devizion. 

And 164 ac. W^h is all his second devizion, v^'h all the 
allotemts & privelidges which shalbelong thereto. 



At a Court held at Newhaven the 7"' Sept. 1647. 

Sister Preston presented her husbands will & the inventory 
of his estate to the court to be entred.* 

* " The will of William Preston, made July 9, 1647. 

" I William Preston, a member of the chui-ch of New Haven, being upon my death 
bed as I conceave, through the blessing of God have my understanding and memory 
perfect as in tymes past, doe make and ordayne this my last will and testament, in 
manner and forme followinge. 

" To Joseph Alsops wife, my daughter, I give 20', or if her husband be willing to 
take 3 acres of land, lying in first devision by the sea side, and build and dwell there, 
he may. But if hee intend not to dwell there, the 20^ is all she can demande. My 
sonn Edward, I give him in the same lott before mentioned three acres of ground, if 
my wife see it may be a benefit to him to further him his way according to God, or 
els 20^ is all he can demand. To my sonne Danyell I give 20% and John is to have 
20' when he comes to bee twenty yeares of adge ; and I give to my daughter Mary, 
20% to be paid when she is nineteene years of age, and for the rest, where the time of 
payment is not mentioned, I leave it to my wife when she can conveniently pay it. 
As for Wm. Meakars wife, in that upon her marriadge and since I have given her is 
more than I can give to any of her brothers or sisters, yet I give her five shillings. As 
for the rest of my estate, which consists in house, lands and catties, moveable goods 
which I have here in New Haven, in New England, I give all to my wife for the 
brmging up of my children that God hath given mee by her, in consideration she was 
a means to bring mee and the rest to New England. I have an estate in Old Eng- 



324 NEW HAVEN COLONY RECORDS. [1647 

W"i Blayden contemptuously neglecting to bring his armes 
one Lordsday, made it his excuse, that being wett the last day 
of the week, & his clothes being wett & not haveing means to 
dry them as he said, came not to the exersise that Lordsday. 
The truth appeareing to be noe other then a profaine neglect- 
ing, yea dispising the ordynances of Christ through sloathful- 
nesse, wherevpon the judgment of the court was that he be 
publicquely whipped, as he is the first profanely breaking the 
Saboth, worshipping not God nor wayting for a blessing from 
him onn himselfe. 

Edward Parker being warned to the court for rates dew to 
the treasurer, some pt before he marryed the widdow, & some 
part since, Edw. Parker promjsed pay for what is dew since he 
marryed the widdow, in corne shortly e, & for that before John 
Potters death dew, it was respitted. 

W'» Pert was warned to the court for taking water-myllions 
one Lords day out of Mr. Hooks lott, & Mr. Hooke complayn- 
eth that he hath often bin abused this way, & since that time 
his orchard hath bin robd. 

W"> Ports answere was that his M"" sent him into the quar- 
ter & to see whether there were any hoggs w^hin the fence, & 
he was bidd by his M'' to bring ho"" a watter-milion w'h him, 
he being bidd to goe that way through Mr. Hooks lott, after 
the Saboth, he tooke 2 wattermilions, he said it was the first 

land, and for part of my house and land and other goods given by my father to my 
elder brother and myself, wherehi a foefmeut of law calling to councell and left in the 
hands of two foefecs, namely, Ui: William Lawsou and Mr. William Banke, to be kept 
in trust on our behalfe when wee should demand it, ourselves, heires, executors, admin- 
istrators or assignes, lying in Yorkeshire in a town called Giglesweke in Craven. This 
land and goods, what is of it, is to be devided into fouer parts, to be equally devided 
amongst the children Iliad by my former wife, as DanieU, Edward and John Preston, 
and my daughter Elizabeth, Sarali and JIary, and the fourth part I give to my wife, 
and for my son John, I leave him in the hands of Brother Roger Allen and Brother 
Thomas Munson, to place where they two shall thinke good to dispose of him, to such 
a calling, either by land or sea, as he shall like his calling and master. 

" To these former I set my hand, William Treston, as my owne act. Witnesse 
Roger Allen, Thom. Munson." 

Wm. Preston Dr. to Zachry Whitman i;iO, to Mr. Malbon £0, 7, 8, to Joseph Alsop 
£0 18 to Roger Allen £1, 5, to Bro: Wheeler £0, 6, to Isaac Whitehead £0, 5, 8, to 
Wm. Russell £0, 1, 6, to Mrs. Lamberton £0, 3, 9, to John Chidsey £0, 9. 

Wm. Preston is Cr. dew from Mr. AUerton £0, 6, 9, from John Clarke £0, 4, 10. 
Inventory taken 30th day of the 6th mouth 1647, by Mathew Gilbert, Joshuah At- 
watter, sum £65, 15. 



1647] NEW HAVEN COLONY EECORDS. 325 

act of his in this kind <fe hoped it should be the last. For his 
vnrighteousnesse & profannesse of his sperit & way, so soone 
thus to doe after the Saboth, he was to be publiquely corrected, 
although moderatly because his repentance did appeare. 

Mr. Francis Newman & Goodman Myles were desired by 
the court to vallew Mr. Turners estate. 

Tho"i Ceffinch his will was presented to the court, wherin 
Mr. John Ceffinch was made executor, but at the present he 
declared himselfe not free to accept of it. 



At a Court held at Newhaven this 5th October, 1647. 

Mr. John Bracy allyenats vnto Mr. Kitchell his house and* 
homelott, conteyning 2 acr. & halfe, and 25 ac. of vpland, 
lyeing in Mr. Wackmans quarter next Mr. Wackmans land, 
and 5 ac. of meddow, be it more or lesse, lyeing at the end of 
Mr. Wackmans quarter in the west meddowes, & 9 acr. of 
vpland, be it more or lesse, lyeing in the neck wUi what 
comonag remained y» vnsold.f 

Mr. Bracey alienats to Mr. John Evance 5 ac. of meddow 
lyeing at the end of the Yorkshire quarter, in the west med- 
dowes. 

Mr. Bracey alyenats to Goodman Boykin 9 acr. 20 rodd of 
meddow, lyeing next Goodman Gibbs & Goodman Fowler in 
the west meddowes. 

[192] II Mr. Evance hath sold to W'" Potter 27 acri of med- 
dow as it commeth to him in the townes books, and it lyeth 
in the east meddow betweene Mr. Crayne & bro. Punderson, 
and 32 acr. of vpland belonging to it next to Mr. Gilberts 
farme. 

Mr. Evance hath sold to Henry Gibbons 20 acr. f , 17 pole of 
the land formerly belonging to Mr. Trowbridge, w^h is part of 
the first devizion of land lyeing one this side the West River; 
and 2 acr. of meddow in the west meddow lyeing next Mr! 
AUertons meddow. 

* These words [house and] interlined by Mr. Newman, 
t The last sis words added by Mr. Newman. 



326 NEW HAVEN COLONY RECORDS. [1647 

Mr. Evance hath sold to Antho : Thompson 4 acr. 26 rodd 
of Mr. Trowbridges first devizion, lyeiug on the west side. 

Mr. Evance hath sokl to W'" Gibbons 2 ac. of Mr. Trow- 
bridges meddow next Mr. Allerton. 

Mr. Evance hath sold to Mr. Rotherford 3 acr. of meddow. 

Mr. Evance hath sold to Jn^ Walker 3 acr. of the same 
meddow. 

Mr. Evance hath sold to Ric^' Osborne 3 acr. of the same 
meddow. 

Mr. Ceffinch chardged Hen. Whelply w'h driveing away a 
bullock of his long since, by w'^h means its lost. 

Henry Lions testimony vpon oath was read, wherin he tes- 
tifieth that though they had indeauored to have driven back a 
beast of Mr, Ceffinches towards Newhaven, from Mr. Crayns 
penn onn the west side, they could not, but went w^h the 
cattle driven to Milford, & neere Mr. Tapps they parted Mr. 
Tapps cattle, & testifieth that Henry Whelply w^h the rest of 
hs cattle drove away a stray beast of Mr. Ceffinches, <fcc. 

Goodm" Daighton saith that hec looking w^h others for Mr. 
Bernards cattle, & finding them with strange cattle, mett Mr. 
Crayne who told them they had neede looke to it what they did 
to drive away Strang cattle, for he had smarted for it, but being 
at Mr. Crayns penn on the west side, some Milford cattle went 
away & Mr. Ceffinches buUocke w^h them, then he told Henry 
Whelply, he would not have any hand in driveinge away Strang 
cattle & so came away. But he further affirmeth that about 
3 weeks after he saw the same bullocke vnder the West Rocke. 

Mr. Knell informed the court that at the waterside at 
Poquanock ferry they did indeavour to have driven ouer their 
cattle, and then one ranne away but afterwards was fownd, 
and Mr. Caffinch doubting it had l)in his bullocke had the 
sight of it & liked it not, and indead all of them proved Mr. 
Bernards. Goodm" Daighton testfied vpon oath what he had 
respectively testified. 

The centence of the court was that the damadges must fall 
vpon the playntiffe, he being defective in proofe of hs chardge, 
and ordred to allow 5^ to Henry Whelply besids the chardges 
of the court. 



1647] NEW HAVEN COLONY RECORDS. 327 

Roger Knapp complayned of wronge don him by Mr. 
Ceffinches swine & monney dew to him, but could not get it, 
but by consent of both partjes. G. Judson & Mr. Wackman 
were chosen to arbitrate and end the difference. 

Goodm" Johnson alienated 5 ac f of vpland to Ric^ Pery, 
w^h was the 2"^ pt of the first devizion belonging form''ly to 
Dauid Yale. 

Phillip Galpin appeared on behalfe of his wife who should 
have ])in corrected for her sinfull folly in fornication, but now 
seing a barre was put in by God in her affrightm^ so as her 
miscariadge would be hazarded, she being w^h child, if she 
were brought forth, as appeared vpon testimony from the mid- 
wife, she was fined 20% the court respecting la^cj in her case. 

Ambrosse Sutton was warned to the court for giveing out a 
false report concerninge Margaret Cadwell, that she should 
goe out of her M^ howse vnto Mr. Jn" Ceffinches when they 
were abedd, & that Joseph Guernsie & 'Eiiz^ Downinge went 
forth w'^h her into the quarter to eate wattermjllions, about 
one aclock at night, & were fownd by the watch. But he 
added to her wronge, that they sent away Elizabeth Downinge 
least that Mr. Caffinch should wake, and they two went to- 
gether, & that Joseph Guernsie should say he could doe what 
he would with her. • 

Ambrosse Sutton confesseth the thing is true,but feare hin- 
dred him at the Go^" and hearinge it would be denyed, he also 
denyed it against lis present light. Joseph Guernsie told him 
part of this, and Richard Lovell the other part. 
[193] II Ric^i Lovell said that Joseph Guernsie told him he 
had bin gathering watcrmjllions w'h Margeret, & sitting downe 
he fownd her ply able, he might have done what he would, but 
said nothing to h™ of the girles being there or sent away. 

Joseph Guernsie denyed that he had told them soe as before 
exprest, but true he had told them somthinge, but he could 
not say soe (5f her. 

Rich Lovell and Ambrosse Sutton both testified that he had 
told them he could have don what he listed with her. 

Eliza Downinge said she was by all the while & not sent 
away as its reported. 



328 NEW HAVEN COLONY RECORDS. [1647 

Tho'" Dume, who lived in the famyly w^h Margeret, inform- 
ed the court he had never seene any light carryadge in her. 

John Lawrenson told Mr. Malbon he was sorry he had 
spoken at all of it, seing that them that had said it did denny 
it. 

Joseph Guernsie for his raysing a reproach vpon Margarett 
Cadwell & afterward lying in the thinge when he was ques- 
tioned, for W-li he was fined 40^ to the mayd & 20^ to the 
towne. 

Ambrosse Sutton hearing this report spreads it to strangers, 
& hearing he is lik to be questioned about, saith he will & doth 
denny it before the magistrates, although it was witnessed by 
two to his face. He was fined 40^ to the maid he wronged and 
20s to the towne. 

Richard Lovell was fined for his hearinge this false report 
& resolution to conceale it from the cogniscance of the magis- 
trate, 10^ to the maide. 

Mr. John Ceffinch refussed to accept of the executo'"ship to 
hs bro. Tho'» estate. 



R. P. 1647. 



[The remainder of this volume is iu the handwriting of Francis Newman. J 



1647] NEW HAVEN COLONY KECORDS. 329 

[For the record of the Genenil Court October 18, 1647, see post p. 354.] 

[We Iciirn from the Guilford Kecords that there was a Court of Magistrates held at 
New Haven, October 24, 1647. J 

[194] At a Courte held at Newhaven the 2t'i day of 

NOUEMBER, 1647. 

Samuell Hogkiiies dissired that he might have his fine, or 
pt of it, taken of, W^h he was lined for goeing awaye from 
trayning in the afternoone w'houte leave, bnt the courte sawe 
110 cause to abate any pt there fe. 

Richard Myles being warned to bringe in an inventorie of 
Thomas Olarkes estate, informed the courte that Thomas 
Clarke only gave hime order to receive of Robert Emry 11^ 
for a house and lott sould to the saide Robert, w^h 11 ^ hee, 
the said Rich"^ Myles hath received, but he knoweth of noth- 
ing of nothing elc left hcare as any part of Thomas Clarkes 
estate. 

George Ward and Lawranc Warde plantiffs, declare against 
the company of marchants of Newhauen, viz'', Mr. Theophilus 
Eaton, now goucrner, Mr. Stephen Goodyeare, Mr. Ricliard 
Malbon, Mr. Thomas Gregson. First, that the said company 
spake to them to make a suit of blockes for the great shipp. 
2''iy, that they spake to Mr. Lamberton to give them the de- 
mensions. 3*'iy,tliat Mr. Lamberton did it. 4'^ly, that these 
blockes were made by them the said Geo : and Lawranc Warde 
and deliuered in and received by Mr. Hart as the compaiiyes 
agent. S^ly, that for these blockes the marchants promised 
paye. 6'Uy, for these blockes they the said Geo: and Law- 
ranc Warde haue received pt of ther paye. 

First Lawranc Warde saith that, mectting Mr. Gregson and 
Mr. Lamberton together in Mv. Dauenports streete, Mr. Greg- 
son said to hime the said Lawranc, are yow aboute those 
blockes, (for Mr. Gregson had formerly bespoke the blockes,) 
Lawranc answered, I have spoke with my brother and wee are 
willing to goe on if wee agree, but wee must haue the demen- 
sions from yow. Mr. Gregson said, brother Lamberton will 
yow doe that, hee answered yea, Lawranc tould Mr. Gregson 
42 



330 NEW HAVEN COLONY RECOEDS. [1647 

that Goodman Myles had spake somewhat to hime aboute them ; 
then Mr. Gregson said, what hath Goodman Mylcs to doe w*h 
them, the belonge to y^ rigging, doc they not brother Lamber- 
ton, he answered yea; but Liftenant Scely can saye somewhat 
to this matter. 

Lintennant Scely affcirmed that he conkl testifye nothing 
that Mr. Gregson did Ijcspeake these blockcs for the shipp, 
but Lawranc Warde asked hime, the said Lciutenant, on time 
to goe along w'h hime to Mr. Lambertons, accordingly he did 
goe w^h hime ; hee spake to Mr. Lamberton aboute paye for 
these blockes, Mr. Lamberton said he bespake them not for 
himeselfe, butt was sett on by the company and was their agent 
to give direction to haue them done. 

The Governer answered that they the saide marchants were 
no company to any such purpose that what on did all did, Init 
eucry on acted for himeselfe and must answer for his owne 
doeings, but for himselfe in perticuler hee knew nothing of it, 
so saith Mr. Goodyere and Mr. Malbon, and Mr. Gregson being 
absent could not answer for himselfe. 

Further Lawranc Warde saith that Mr. Lamberton came a 
second time and bespake the blockes for the company as his 
brothers wife can testifye. Goodey Warde saith she remem- 
bred when Mr. Lamberton came downe he wished her husband 
and brother to goe on, for the marchants were willing to suit 
them w^li paye. She was asked if she knew wheither it were 
for these blockes or no, she answered she knew not. 

Lawranc Warde saith that Mr. Lamberton spake to them 
to make some moldes w^h they did and brought them to hime, 
and hee wrotte vpon them how many ther should l:>e of a sort. 
That the marchants did receive them, hee, the said Lawranc 
Warde, proues by his owne testimony and Mr. Harts hand, for 
he saith yt Mr. Malbon wished hime to deliuer them to Mr. 
Hart for them, and they did so, as Mr. Harts bill vnder his 
owne hand will showe. Mr. Malbon saith he remembers it 
not, but if hee did it was to doe them a kindnesse, because 
they were to goe out of the towne and might not knowe where 
to laye them. 

Further LaAvranc Warde saith that the feoffees, viz^, Mr. 



1647] NEW HAVEN COLONY RECORDS. 33l 

Wakeman, Mr. Attwatter, Mr. Crane and Goodman Myles can 
saye something in this matter. 

Mr. Wakeman saith for the bargaine he can saye nothing, 
but a litle before Mr. Gregson went, some mottion was made 
to them the said feoffees to paye, w^h was verey strange to 
them, and thervpon they mett at the gouerners w'h the mar- 
chants, Goodman Warde was there and aleadged his want of 
paye, the marchants conceived it belonged to tlie feoffees to 
paye, but they thought it belonged to the rigging and could 
not consent to paye any thing towards them. In that meetting 
many speeches pased betwixt Mr. Lamberton and Goodman 
Warde, and as the said Mr. Wakeman remembreth, Good- 
man Warde said Mr. Lamberton and Mr. Gregson acted w*h 
hime, and minded Mr. Gregson of that speech w^h himc in 
Mr. Dauenports streette. Mr. Gregson seemed not to remem- 
ber it, thoughe hee denyed it not, but said w^hall that hee did 
it as a servic to y^ feoffees, these feoffees denyed y', thervpon 
Mr. Gregson seemed somewhat moved and said to the gou- 
erner, if they will not paye then I shall Icaue my share, but 
then I will liauc them in my or our custody and will bee payde 
before they passe. 

Richard Myles saith that Mr. Gregson said as hee vnderstood 
hime that hee should leaue inoughe heare to paye for the 
blockes and would take them into his owne custody and 
would bee satisfyed wUioute losse before they went, it was 
asked wheither it was vpon this ground that hee bespoke 
them, he said he could not tell. 

Mr. Attwatter saith hee can add nothing to what hath bine 
expressed. 

[195] II Mr. Crane said he tooke it vp that Mr. Gregson in- 
tended they should be payde for out of his owne estate, rather 
then the men should bee vnpayde. It was demaunded 
wheither Mr. Gregson in all these debates did saye or carye it 
as the companys agent, but they could not affeirm that, but 
Mr. Evanc said that Mr. Gregson ever denyed it. 

Lawranc Warde saith that his wife went to the gouerner for 
some cloth vpon this account, Goodey Myles being w^h her ; 
the gouerners answer was that hee had payde a some allreadie 



332 NEW HAVEN COLONY RECORDS. [1647 

for her brother, w^h was as miicli, for any thing hee knew, as 
his pt came to. Goodey Mylcs saith she went w'h Goodey 
Ward to ye gouerners, she dissiered some cloth, he said hee 
had not Ijiit for his owne vse, but for his pt hee had payde as 
much as his p' came to, it was asked if she knew vpon what 
account, she said jio. Goodey Wardc saith that the gouerner 
said he had payde as much as his share, but cannot saye that 
is was as a debt to her husband. 

The Gouerner answered, it is true Goodey Warde came to 
himc for some cloth, he tould her then, that for the blockes 
he had nothing to doe w'h them, nor did hee bespeake any, 
but if the feoffees would joyne, rather then they should bee 
vnpayde, hee would paye his pt; and for that he said hee had 
payde as much as his share, it was thus, Goodman Whelply 
threatening to put George Warde into y^ courte for a debte 
of 3' : 10^:, the governer wished liime first to gett a meeting 
of the feoffees to consider further of the blockes, others of 
them being from home, Mr. Crane only came, and w*h his 
consent the gouerner gave a note to Goodman Whelply for the 
3': 10% and tooke the accquittanc in his owne and Mr. Cranes 
name, refusing vtterly to paye a penny but in a joynt way w'h 
the feoffees. This both Mr. Crane acknowledged and the 
acquittanc cleared. 

Further, Lawranc Warde saith that Mr. Goodyere sent for 
pt of these blockes & made vse of them. Mr. Goodyere saith 
that Mr. Fowler sent to hime to gett him on blocke w^h he 
wantted for his vessell ; he, the said Mr. Goodyere, tould them 
that came, he had no right more then another to them, yett the 
case being a case of neccssitie, he acknowledgeth he sent for on 
blocke, and Mr. Fowler promised to deliuer such another for 
it, for he had spoke to Goodman Ward for some. 

Captaine Astwood propounded that seing the case was diffi- 
culte, thcr wanting full evidenc on the plantilfs pt to cast the 
cause against the defendants, and yett it was fitt the poore 
men should bee payde for ther labour, tliat therfore the 
m'^chntfs and the feoffees, by consent, would joyntly put the 
whole case to a referenc Av'h the plan tiffs. The marchants 
expressed themselues willing, and the feoffees answered, that 



1647] NEW HAVEN COLONY EECORDS. 333 

as feoffes they knew not wheither they had power to doe it, 
but being searched into and it appearing they had, they ex- 
pressed themselues willing allso, and bothe the Wards expres- 
sed themseliies very willing. The matter being thus muttu- 
ally agreed they chose ther men, the marchants chose Cap- 
tainc Astwood, the "Wards Mr. Disbrowe, the feoffees Mr. 
Davenport ; so the suit being stoped, the cause was reffered to 
these 3, or any 2 of them to isue, by the consent of all pties. 

Mr. William Westerhouse dissires of the courte, (Mr. John 
Evanc being his interpreter,) that the three Du.ch men w^h 
are prissoners at this time, maye haue ther libbertie, and he 
and Mr. Samuell Goodanhouse will bee bound in a bond of a 
thousand Holland gilderes for thor appearanc. 

Answer was returned them from the court, that if the said 
Mr. William and Mr. Samuell would enter a recognesanc of 
a thousand gilderes, that these three men w^h are prissoners, 
all and every on of them shall be forthcommg att the courts 
call, they shall haue ther libbertie, and the said Mr. William 
and Mr. Samuell being both present, said they would bee so 
bound, whervpon the marshall had order from the courte, 
that before Mr. Evanc he should deliuer the three prissoners to 
them. 

Further, Mr. William Westerhouse, (Mr. Evanc inter- 
preter,) dissiered the courte to grant him an arest vpon that 
money w^h is in Mr. Goody eres hand, to be payde to y^ Duch 
gouerne'"*, vpon the consideration of his shipp being taken 
awaye ; the courte answered that ther was a fixed estate stoode 
ingadged for that money, and vnless a fixed estate can be put 
in for securetie to such a vallew as maye beare all damadge 
w^^li maye arise by such an arest, it cannot be granted. 

Mr. Pery passeth over 35 ac^ of vpland to John Clarke and 
Samuell Whithead, lying on end butting vpon the necke 
highway, the other end butting vpon the mill highwaye, be- 

* For the ship called the Zwoll, which the authorities of Fort Amsterdam had sold, 
Sept. 21, to Mr. Goodyear, and contracted to deliver at New Haven. Under pretext 
of conveymg the craft in safety, they put soldiers on board, and by their means 
seized Mr. Westerhuyzens ship, the St. Beninio, and carried it to New Amsterdam. 
O'Callaghan, N. N. ii. 48. 



334 NEW HAVEN COLONY RECORDS. [1647 

twixt tlic land of William Tuttill and the land of Fra: 
Newma. 

Mr. Peiy pasetli over to Richard Hull, 10 ac^ and halfe of 
vpland, w'"h lyes neare the mill, w*hin the two myle. 
[196] II Mr. Pery passeth ouer to Mf'^ Turner 14 ac'^ and 
a halfe of meddow, lying in the east meddowe, w^li is all that 
proportion w^h did belonge to his owne proper lott. 

Mr. Pery passeth ouer to Thomas Munson, 16 ac^ of vpland, 
w^h is on halfe of the second devission of land w^h belonged 
to that lott w^h was old M"s Eattons, lying on the other sid of 
the West River, behind the Yorkesheir quarter. 

Hee passeth over 16 ac" more of the same land, lying in 
the same place, to Thomas Moris. 

Mr. Pell being warned to the courte to answer for some 
ill returnes he sent to the generall courte when they sent to 
hime for his wives fine, wh, as the gouerne'' tould hime, 
rather held forth a contempt of the courte then otherwise, hee 
said he thought it not his debte, but it was tould him his wiues 
debts were his ; he said, the court cannot take what is mine. 
The gouerne'' said y*^ courte must consider that, he said it was 
a new thing to hime, he heard not of it, it was tould hime 
that was not likely, but hee must know of it, seing it was done 
in open courte, but if he had come to the court and given a 
fairc answer, something might have bine considered, but he 
said he dissiered to consider of it. The court gave hime a 
moneths time, and if he dissiered a copie of the proceedings 
of the courte, he might have it, payeing the secretarie for 
wrighting of it. 

The 16t'' of the 9''' moneth, William Andrewes jun'' was 
called before the gouerner, magistrats and deputies for the 
towne, and then was charged for the sinn of drunkennese 
the last weeke, w<^h thing he did not deney but confessed as 
hee needes must, tlier being severall wittnesses w^h sawe it ; 
as John Clarke, John Walker, his master Mr. Evanc ; this fact 
was considered. The gouerner tould hime he was Borey he 
was come before the courte againe for this miscariadge, seing 
he had Ijine fined one allreadie, cither for drunkennese or 
drinkmg and the cause of others being drunke, that now the 



1647] NEW HAVEN COLONY RECORDS. 335 

courte must thiiike of some other waye of punisliment, seing 
it seemes to bee a sinn rooted in him. 

The court considering these things sawe cause to agree that 
he should receive corporall punishment by whipping, for that 
was the proper punishment for such brutish sinns, but be- 
cause he was to goe awaye suddenly in his masters shipp, 
(maye be this night,) therfore the courte agreed that 5^ be 
depossitted as a fine laide vpon hime, for w^h 5' his master 
Mr. Evanc did vndertako, that hoe at his returne he maye be 
brought forth to the courte againe, and vpon good testimony 
of his Q-ood cariaa-e and behauiour the courte will consider of it. 



Att a Courte the 7''^ day of December 1647. 

The will of Nathaniel Draper* was deliucred into the courte 
l:»y William Russill, for Phillip Galpin, and being read was 
deliuercd to the secretaric to be recorded, w4i the testimony 
of Arthur Branuch and a bill from Mr. Leach of the wages 
due to the deceased Nathaniel Drapr, w^h is to be p^' by Mr. 
Pell. 

The gouerner acquainted the court that he heard that An- 
thony, the neager, his servant, gott some stronge watter, and 
hee heard that liee was drunke, therfore, because it was openly 
knowne, he thought it ncccssarie the matter should bee heard 
in the courte, whereas, had it bine keept w'liin the compase 
of his owne family, he might have given him family correction 
for it. 

Anthony saith he did goe to Mr. Evanc his house for some 
suger, and Mathew, his neager, asked hime to drinke, he did 
not refuse it, Mr. Evanc his neager pouered somewhat out of a 



* " Will of Nathaniel Draper made the 25ii. of the 2'' month 146'r." 

Gives to Phillip Galpine; all of the tobacco I have aboard of the barke Faulcon. 

Said Phillip to receive all his wages due to him from Thomas Pell for his service in 

this barke. — Acquits Elias Parkman of a bill of =£3. 6. 4. except 20^ that he gives to 

Heniy Rotherford. Witness, Arthur Branch. 
Affidavit of Arthur Branch before Mr. Edward Hopkins at Seabrooke the 1*^' of 

November 1647, that he witnessed the above will aboard the barke Faulcon, of New 

Haven, then riding near Rikatau in Virginia. 



336 NEW HAVEN COLONY RECORDS. [1647 

runlett and gaue it himc and went aAvaye, and he drimke, 
not knowing wliat it was, and after lice had drnnke hee was 
light in his head after hee came abroade. 

Mr. Evanc his neager saith, Anthony coming to their house 
he asked hime to drinke and poured out some strong watter 
w^h was in the bottome of a runlett into a pint pott and 
drunke to hime. It was asked hime, how many times Anthony 
drunke, hee said but one, but as hee conceiveth, at one hee 
dranke aboute the quantetie of 2 wine glasses. It was asked 
hime wheither he gaue it hime for beare, or tould him what 
it was, or wheither Anthony knew it was stronge watter, he 
said he could not tell. 

The courte considering that it is the first time they hauc 
heard any thing of Anthony this waye, and possibelly he might 
not know what he drunke till afterwardes, it being given him 
in such a vessel 1 as is vsed to drinke beare out of, and hope- 
ing it will bee a warning to hime for time to come, thought 
it fitt- and agreed not to inflict any publique corporall punish- 
ment for this time, but as the gouerners zeale and faithfuUnes 
hath appeared, (not conniving at sinn in his owne family,) 
so they leaue it to hime to give that correction w^h hee in his 
wisdome shall judge meete. 

[197] pif's Turner deliuered into the courte an inventorie 
of the estate left by her deceased husband, Mr. Nathaniel 
Turner*, w^h was read and deliuered to the secretaric to bee 
recorded. 

jVfris Turner and Mr. Pery chose Mr. Gibbard and Francis 
Newman to licare and end some differenc betwixt them 
aboute the payeing in of some pease, W^h Mrs. Turner was to 
paye in to Mr. Pery for some meddowe she bought of hime. 



* "An inventorie of tlie estate of Mi-. Nathaniel Turner." Amount, ^457. 7. 3. 
prised the 3J day of the lOu. month, 16^7, by Francis Newman and Richard Miles. 

Debtors, Thomas Meekes, £14. Samuel Hodgkins £5. Thomas Knovvles .£0. 18. 
Mrs. Gregson £1. 2. John Benham £0., 2. Benjamin Willraot £0. 9. Thomas Pell, 
WiUiam Andrewes for 3 hides. 

The estate of Mr. Nathaniel Turner is debtor 

To Mrs. Higginsons estate £28. 7. to Mr. Malbon £7. 9. to Mr. Gilbert £1. 10. to 

Roger Allen £1. 7. to Mr. Pery £7. 13. 6. to Mr. Allerton for wages to servants £2. 

to Mrs. Stollion £0. 12. 



1647] NEW HAVEN COLONY EECORD^. 337 

M'"'s Turner declared to the conrte that she conceives her 
husband made a will and left all hee had to her dispose, as 
two of her daughters can testifye the same. Rebecka Turner 
saith, that when her father was to goe awaye, her mother dis- 
siered hime to make a will, but hee answered that hee would 
make no will, but hee judged her faithfull and had found her 
faithfull, therfore left all to her and wished her to bee good to 
the chilldrcn, and wished the chilldren to beare wittness. Abi- 
gaile Turner testifyeth the same. 

Mr. Evanc declared to the courte that he had taken out an 
attachment for some goodes of Mr. Godfereyes, to the vallew 
of 41, but because he was to goe awaye and he was lothe to put 
hime to trouble, it was by his order only sorued vpon on hogs- 
head of pease, he, the said Mr. Evanc, being content to take 
some debtes of his hear for the rest, if it might be made goode, 
but now some of those debtes seeme not to bee good, and the 
hogvshead of pease is required by his order to carye to the Bar- 
badoes. The court tould hime that Mr, Godfery is not heare to 
answer for himsclfc, nor can any in the court answer for hime, 
but the attachment being for the hogshead of pease, if Mr. 
Evanc put in securetie to answer the damadge, he maye dispose 
of them, and Mr. Evanc promised to put in securetie. 

Steven Reekes, master of a vessell that came from the Bar- 
badoes, was called before the court to answer for some mis- 
cariadges of his on the Saljoth daye, viz'i : — that he, the said 
Steven, did, contrary to the law of God and of this place, 
hallo vp his sliipp to or towardes the nccke bridge vpon the 
Sabothe, which is a laboure proper for the six dayes, and not 
to be vndertaken on the Lords day. Mr. Reekes answered 
that their shipp laye on ground and had not flotted some 
dayes before, but that day the winde coming vp at the south- 
east, brought in a great tide, and then she flotted, and that all ye 
company did was but to keepe her of from runing on the banke 
or driving vpon her ancor, the shipp hauing neuer a boate to 
carie another ancor forth. Hee was toold they should have 
provided for that before, for it is y^ duty of all men to remem- 
ber the Saboth, and to provide so beforehand that nothing maye 
disturbe them vpon the Saboth, vnlesse it bee in cases of 
43 



338 NEW HAVEN COLONY RECORDS. [1647 

mercy or workes of such ncccssitie as could not be provided 
for the day before nor staye till the day after. 

Mr. Larebe, a seaman l)elonging to the Phenix, was called 
before the courte, to answer to some miscariadges of his vpon 
the same Saboth, viz*^, that he, wUi some other company, went 
aboard the Phenix, and did workc not proper for that day, as 
hailing of the vesscll, and emptying some stones out of a can- 
now to help them in thatscrvic. Mr. Larebe replied, that hee 
conceived the worke was a worke of charitie, to preserve the 
vessell that it might not perish, for their was some danger of 
her ouer-setting ; besid, Mr. Pery came to hime himeselfe,and 
saide it was fitt some bodye should goe downe. Mr. Malbon 
saith that Mr. Pery was at his house, and he was speakeing of 
some danger the vessell might bee in, whervpon he wished 
his Sonne Pery to goe to Mr. Davenport and aske his advise. 
Hee did, and Mr. Davenport tould hime hee should leave it to 
Gods providence, the Saboth was a day of rest, and therfore 
hee ought to rest. Then Mr. Malbon wished hime to give 
order that nothinge should bee done, wli hee did, only on 
might goe downe and see what state the vessell was in, but 
that nothing, wUiout apparent necessitie, be done to her, yett 
Mr. Larebe, w'h diueres others, went and wrought, contrary to 
the lawc for the Saboth. 

The courte considered bothe these cases and finde them to be 
much alike, and considering the persons, that they are stran- 
gers, and thinking they did not doe it out of contempt, but 
ignorantly, they agreed for this time, (that they acknowledg- 
ing ther failings, and promising amendment for time to come,) 
to passe it by, but if any of our owne take libbertie heareby, 
the sentenc will bee heavier on them. 

Abraham Bell paseth ouer to Jobe Halle his wholle lott w'h 
was given hime by the towne. 

Mr. Rudderforde passeth ouer to William Ives 4 ac^ 1 
quarter and 30 rode of vpland, of the first devission, w^hin 
the 2 mylc, lying on the further side of the West River, on 
both sides of a pec of lande called the club, on end abutting 
vpon the west meddowc. 
[196 Msl^ Theophilus Higenson passeth ouer to Christopher 



1647] NEW HAVEN COLONY RECORDS. 339 

Todd his house and home lott in Ncwhaven, containing 
lying betwixt the lott now William Judsons, and Mr. Tenches ; 
w'h 8 ac's and a halfe lying in the third devisson of that 
quarter, w^hin the 2 myle, on end abutting vpon the plaiues, 
w<=h is the cow pastuer, betwixt the land of ^ 

And 24 ac^ of land, if he haue so much, lying in the Necke, 
by the fenc side w^h goes downe to the meddow. On pec of 
meddowe lying next the 24 acers of land, lying for 5 ac" and 
a halfe, bee it more or lesse, w^h is all the meddowe Mr. Hig- 
enson hath remaining to himselfe at present ; and 20 ac'^ of 
land on the other side the West River, w^h is to lye amounge 
the smalle lotts. 

Mr. Gibbard and Francis Newman were chossen in courte 
by Mr. Caffinch and his brother Samuell, to heare, and if they 
can, isue some differenc betwixt them, aboute some land w^h 
is to bee devided betwixt them. 

James Hayivard entreth againest William Wooden an action 
of defamation, & declareth that the saide William Wooden, 
hauinge bine in the Baye and returned home heither to New- 
haven, hath reportted diveres things of hime, of his cariadge 
in the Baye, w^h are not true, but scandalous, and to his 
great wronge. As that he, the saide James, went'aboute w^h 
many lyes and vntruethes, and goeing aboute to cleare mat- 
teres concerninge a maide there, hee made them much worse. 
He saide hee had discovered himselfe to bee very false harted, 
and was perswaded he should neuer be received into the church 
againe, but if all was known y* he knew, they coulde not but 
banish hime oute of the cuntrye, and that hee had discovered 
a base frame of spirit when they lined at Captaine Turners 
together, w'^h things hee dissiered the saide William might 
bee called to answer for. 

William Wooden, being called to answer, saith, the things 
hee spake he heard Goodey Pery, mother of the maide whome 
James should have had, speake, onely hee denyeth that hee 
saide if all were knowne that hee knewe, hee deserved banish 
ment, but his wordes were, if all were true that he had heard. 

Richard Sparkes testify eth vpon oath, that he heard William 
Wooden saye, that James Haywarde was hollowe harted, and 



340 NEW HAVEN COLONY RECORDS. [1647 

dealt basely w'li hime at Captaine Turners, and that he went 
downe into the- Baye to cleare matters and made them worse, 
and if all knew that he knew, he would bee banished. And 
aboute Mr, Noris, that James gott a letter written, makeing 
Mr. Noris lieleiue he gaue the woman and maide satisfaction^ 
when hee did beleive ther was no such thing ; and that James 
saide a man could not haue a pare of shooes at Newhauen 
vnder 6% readie siluer ; and that he caried lyes from hcnc to 
the Baye, and brought lyes from thenc heither, and that this 
was on of the basest places he euer came in. 

Beniamen Hill saith, he heard William Wooden sayc James 
was hollowe harted, and if the church knew that hee heard, 
he would not bee received againe, and that he would bee ban- 
ished if all was true he heard, (or they knew as much as hee,) 
and that he dealt basely w'h hime at Captaine Turners, as in 
the margent. 

John Mascalle saith, that hee goeing into the Baye, went to 
Goodey Perys, the maids mother James should haue had, she 
asked hime howe James did, he said he thought bad inoughe, 
for ho was cast out of the church, she said for what, he said 
for being drunke, she and her daughter said he was much 
given that wayc Avhen hee was there. They said they thought 
to come heither, but James discouradged them, and this pas- 
adge she read in a letter, that they could not haue a pare of 
showes hear vnder 6% readie silver, nor diett vnder 5^ Q<^ a 
weeke, and that there was hardly any imployment for men. 
Aboute her daughter she saide, he gaue her no satisfaction, 
but went to Mr. Noris and w'h colouging wordes gott a letter. 

The court considering the premises, and seing ther is a 
letter spoken of w^h Goodey Pery hath of James his wrighting, 
in w^h, wheither ther be any thing to discover further guile 
in James, or any thing further to cleare the matter in hand, 
they are not yett cleare; therfore, the courte thinkes fitt to 
respitte it, only this they judge, that William Wooden hath 
spread these things in a defaming wave, and therfore must bee 
liound to attende the courte when they call for hime. Ther- 
fore it was propounded to James, if he was willing to respite 
it, he saide yea, so William putt in securetie ; therfore the 



1647] NEW HAVEN COLONY RECORDS. 341 

courte ordered that William putt in secure tie. After a small 
space of time, James Hay ward sertifyed the courte that he had 
receiued securetie of William Wooden for his appearanc, till 
the first of March next. 

The inventorie of the estate of Mr. Thomas Gregson de- 
ceased, was deliuered into the courte, and being viewed, was 
deliuered to the secretarie to be recorded.* 

Vpon a request from M^'s Lamberton, tlier is a monetliGs 
time given her to bring into the courte an inventorie of the 
estate her husband left. 

[197 bis'] II Harvie declareth, that aboutc a ycare agoe he 
propounded some termcs to Mr. Pell aboute some beavor, that 
is to saye, if Mr. Pell would procure hime beavor, he would 
dcliucr hime 20 or oQi worthe of goodcs into his hand, and it 
should remainc till shipps returned againc from England the 
next yeare, whervpon they came to some tcrmes of agreement, 
first they bargained for a cowe, then for hoggs. For the 
cowe he promised beavor w'-hout exception, her pric was 6'. 
For the hoggs hee would not absolutly ingadge himselfe for 
beavor, but if the bargaine went on, if hee payde not in beavor 
heare, he would paye in England, but if beavor came in, he 
should bee payde in that heare. And sine that time, Mr. Pell 
tould the saide Goodman Harvie, he had beavor for hime, and 
he being at Mr. Pells house, when his barke came from Dela- 
ware Baye, the beavor then coming into his house, he said he 
liad not sent his barke theither but for beavor for hime, and 
he said he thought he had gott so much as would paye hime ; 
but not longe after he, the said Goodman Harvie, came to re- 
ceive it, Mr. Pell said hee had it not, nor was hee ingadged to 

* " An inventorie of tlie estate of Mr. Thomas Gregson, talten the 2nd of the 9th 
month, 1647." Real estate £246. Personal estate £225, 19, 6. Debts £18, 7. Total 
£490, 6, 6, signed Mathew Gilbert, Richard Miles. 

The estate is Or. to Phillip Leeke £1, 7, to Burwood of Stratford £1, 5, to Adam 
Nicolls £1, 5, to an adventnre in the Snsan to Barbadoes £14, 2, to John Gregory 
£0, 8. 

The estate is Dr. to Mr. Stephen Goodyeare £6, to Mr. John Evance £3, 6, to 
Henry Lindolle £6, 5, 21, to the towne for rates £0, 7, 8, to the partable acco. of Mr. 
Stephen Goodyere and Mr. William Hawkines £40, 7, 2j, to Jlr. Davenport, £3, 4, to 
Mrs. Lamberton £3, 2, 11, to Mr. Malbon £2, 7, to Edward Wigglesworthe £10, 6, to 
Thomas Wheeler £1, 16, 5, to Mr. Butler £36, 4, 9, to Mr. Ling £10, to Mrs. Turner 
£1, 6, to several in smaller sums £1, 10, total £126, 3, 2. 



342 NEW HAVEN COLONY RECORDS. [1647 

paye beavor, and bide hime, the said plantiffe, prove that he 
was to give a bill for England. The plantiffe asked hime 
what paye he was to have, he said if he had gon to England, 
he would have given hime a bill. Mr. Attwattor saith, he 
heard Mr. Pell saye, if Goodman Harvic had gone himeselfe 
for England, he would haue given hime a bill out of curtesye. 

Mr. Evanc saith, he heard Mr. Pell saye, he was to provide 
beavor for Goodman Harvie, but in refferenc to the bargaine 
lie can saye nothinge. 

Mr. Pell answered, that for the cowe he did acknowlcdg 
beavor, but for the hoggs the trueth is, Goodman Harvie vrgcd 
hime to take them, he denyed it many times, but when hee 
brought them and they were killed, he then dcmaunded 
beavor or bills for England, at W^h Mr. Pell saith he wonder- 
ed, and denyed it, but, as a frend in curtesy, promised to doe 
what hee could, but no pertickular paye was expressed in the 
bargaine. 

Goodman Harvie saith he first made a punctiall bargaine 
before he brought his hoggs, that is to saye, 6i in beavor for a 
cowe, and porke at 3^ the pound, to the vallew of twenty 
pounds in beavor, or a Ijill for England, for some wampome he 
left at his house. Mr. Pell said it laye by as he brought it, 
and so he should haue it againe. 

Mr. Pell obiected against on of the hoggs w^h was miselled, 
w^h Goodman Harvie was willing to let goe at £'• a pound, 
w^h hogge waide about ^ 

Mr. Pell was asked wheither he had any more to saye, he 
said no, then the court proceeded to censure, but being devided 
in thei" apprehensions, would not isue it at that time, but after 
by an appeale by Goodman Harvie it was brought before the 
generall courte for the jurisdiction which then was sitting 
at Newhauen, and they, liauing heard the case, did incline 
to perswade the plantiffe and defendant to isue it themselues, 
so Goodman Harvie propounded to Mr. Pell, that if he would 
paye for the cowe presently in beavor, and for the hoggs in 
good marcliantable beavor at 8'^ the pound in June next, he 
would be content to staye, Mr. Pell giveing hime good secure- 
tie for it. This offer Mr. Pell accepted, so that the case isued 



1647] NEW HAVEN COLONY RECORDS. 343 

thus ; what is in Mr. Pells booke, as a just debte due to hime 
by Goodman Harvie, is to be deducted out of the debte for the 
cowe and porke ; 2^1 p i is to be allowed for the miselled hogge, 
for the r6st of the porke 3^, p ', and what remaines vpon this 
debte, the cowe being payde for in beavor presently, he is to 
haue in June next, in good marchantable beavor, at 8^ p i. 

The Gouerner tould Mr. Pell he was warned to bringe in 
the inventorie of his wives estate, left by her former husband ; 
he said he could not, because accounts was not nor coulde not 
yett be made vp, but he was tould he must bring it in as farr 
as it can goe; he dissiered time till the next court and he 
would doe it, and it was granted hime. 

Mr. Pell was asked for his wiues fine, he dissiered more lib- 
ertie to consider of it, the courte tould hime they conceived 
ther was forbearanc inoughe allreadie, but yett they granted 
hime libber tie till the next monthly courte. 

Mr. Evanc, for Mi^'^ Lamberton, declareth, that Mr. Pell, 
possesing the estate of Mr. Francis Brewster, by mariage of his 
wife, is debto"" to M"s Lamberton, 46^: 06»: 02'^, as appeares 
vpon account in M^'^ Lambertons booke. 

Mr. Pell said Mr. Brewster left behinde hime a bill of his 
debts, in w^h is Mr. Lamberton 3^ in his debte, beside they 
wear ptners in some goodes they bought together, but those 
accounts for ought he knowes are lost. 

Mr. Evanc saith it is true that ther was a ptable account 
betwixt them, w°h, as is conceived, was isued betwixt them 
before they went henc, beside this proper acc° now demaund- 
ed, and for that he offered proofe, first by Rogger Allen, whoe 
had pt of those goodes w^h were ptable betwixt them. 

Rogger Allen testifyeth vpon oatlie, that he bought some 
iorn and coales of Mr. Lamberton, in w^h he conceiveth Mr. 
Brewster had part, and thinkes he had some of them before 
they were emptyed. Mr. Lamberton sent for hime, and tould 
hime if he would take them together, he would gaine but a 
litle by them, he bought about 20^ worth of them, and was to 
paye in wheat. A little before the shipp went, Mr. Lamber- 
ton and Mr. Brewster demanded it, and Mr. Brewster thought 
much it was not payde, but this deponent could not gitt it in 



344 NEW HAVEN COLONY RECORDS. [1647 

time, and tlierfore toiild hime he would allowe whateuer 
damadge liee susteined for want of due payement, so they had 
.[198] a meeting aboute the ace" at Mr. Laml)ertons, || and 
they appointed this deponent to come, whoe was ther as he 
coceives, more then one or twic, at last the reckoning was 
agreed, and they together demaunded damadge for 10', not 
payde in time, and they had it, so wee isued. After this time, 
Mr. Brewster spake no more for the wheat, thoughe he had 
bine very earnest for it before, nor did he, after this, offer the 
remaining pt of the coales, thoughe before he had, but this 
deponent conceiveth that that day they went awaye, he was at 
Mr. Lambertons, and vpon speech of the debte, Mr. Lamberton 
tould hime he must paye it to his wife, for so it is agreed, 
saide hee, in makeing vp our accounts, and for the rest of the 
coales, saide hee, I would faine haue the take them, and I will 
take paye for them in England, of yo'' father. 

Mr is Lingo testifyeth that they being to by some things of 
Mr. Brewster, they dissiercd Mr. Lamberton to paye hime, 
w'^h he sayd he would doe, but they hearing Mr. Brewster 
complaining of the badness of the paye of this place, fearing 
least it should be offeucive to hime, they went and payd hime 
themsclues in mault, and after, told Mr. Lamberton they had 
satisfy ed hime for those things he was to paye for for them, 
Mr. Lamberton said he was sorie, for he had accounted w^h 
Mr. Brewster, and Mr. Brewster was in his debte. 

Mr. Evanc further, to proue the proper debte, (beside the 
booke vnder Mr. Lambertons hand produced in courte,) 
offered the testimony of Phillip Leake, and of Mary ^ , 
w'^h was Mr. Lambertons servant. 

Phillip Leekc testifyeth vpon oath, that Mr. Lamberton and 
Mr. Brewster ])eing at his house, as he takes it that day ca.\> 
taine Turner went aboard to goe awaye, he heard Mr. Lam- 
berton sayc Mr. Brewster owed hime 45', and he heard Mr. 
Brewster make no replie against it. 

Mary ^ , saith that the Lords day at night, before 

her master went awaye, liauing sate vp late to cast vp the 
accounts, she heard hime saye that Mr. Brewster owed hime 
45', beside the cordadge. 



1647] NEW HAVEN COLONY RECORDS. 345 

Mr. Pell obiected against some coate beavor at 12s p i^ w°h 
was Ijrought to 10^, and against some turtle shells at S", w^^h 
was allso brought to 7^ : 6'^ p ', and ther was halfc a quarter of 
beefe, y^ waight not knowne, W^h was rated at 10% so that the 
debte is brought to 44', 17% 08''. 

Mr. Evanc was asked if he had any more to saye, he an- 
swered, for the cordadge and stufe, he conceived it is cleared 
to the courte, for the stufe was returned and the cordadge en- 
tered vpon ace". The ptable acc^ he conceiveth is cleared l)y 
Rogger Allen and M''^ Lingo, and the proper acco by Phillip 
Leeke and Mary ^ . And by the Ijooke w^h. is pro- 
duced. 

Mr. Pell was asked if he had any more to saye, he spake of 
the cordadge, and passadg of a maid, and some wine ; he was 
told that what appeared to bo justly due to hime must be 
allowed. 

Bothe pties liauing had libbertie to saye as much as the 
would to the case, the courte proceeded to judgment, w^^h is 
this ; that they judge that the ptable acc" was cleared, and for 
the debte demaunded of Mr. Pell by M^is Lamberton, 44': 
17«: 08^', hath bine proved, and must be payde to M'"'« Lam- 
berton by Mr. Pell, provided, that what dcbtcs Mr. Pell makes 
appeare to be oweing to hime, must be deducted. 

Richard Beech dissiered of the courte that he miglit, till 
further order, retaine in his hands the estate of William lies, 
deceased ; but he being not fitted to give in sufficient secure- 
tie, it was respited till another courte. 

John Meges declareth that at two severall times or agree- 
ments, he bargained with Henery Gregory of Stratford to 
make 14 dosson of shooes, and was to give hime 12^ a pare for 
makeing them, carying them to hime readie cutt out. That 
he payde 48^ of this before hand, and 6' more he was to haue 
when he had done halfe the worke. He was to doe it well and 
sufficiently. That Goodman Gregory hath made 13 dosson of 
them, but they are all naught and fall in peces, some in a 
weeks, some in 14 dayes time, so that the plantiffe is damadged 
both in his name and estate. In his name, bothe at Connecti- 
cote, Long Island, Totoket, Guilford, Stratford, Farefeild, they 
44 



346 NEW HAVEN COLONY RECORDS. [1647 

all cry out, and some tliinke the plantiffe worthy to be putt 
in prisson. And by reasson of it he further saith, he hatlie 
bine forced to breake ingadgments w^h Mr. Evanc, whoe 
should haue received 30^ worth of this ware, and he turned it 
backe as vnmarchantable, and what damadge will come fur- 
ther, he knoweth not. Beside it hath hindered hime in his 
trade to his great damadge, he being on that deales w^h many 
people, they haue shuned to by any ware of hime. The plan- 
tiffe further saith that Goodman Gregory hath not onely made 
the ware badely, but hath spoyled the leather by layeing them 
[199] in the sand || that some of them are rotten, they were 
ptly coucrcd w^liin and w^hout, and the pttye that fetched 
them was faine to washo them to make them cleane. Further 
he hath altered the propertic of the ware, for whereas he 
should haue made some wooden heeles, and had wherw^hall 
to doe it, he made them plaine, and by that is Mr. Evanc dis- 
apointed allso ; and some of them he hath made a size shorter 
then he should, and some of the 9, marked them w^i the 10. 
He complained for a last I sent hime one, yett he made them 
as he did before. Lastly the plautiffc saith, it is to his hin- 
dranc that he hath laide out this money so longe before hand. 
Henery Gregory, the deffendant, saith, that he received a 
hide from John Meges at 48^ pric, for which hide he was to 
make hime 4 dosson of shooes w^h came to 48^ ; pt of this he 
did before the other bargaine, and he sawe the ware and ac- 
cepted-it, and Mr. Evanc tooke it as currant and good, but it 
proved not so. The plantiffe seing this ware, agreed for the 
rest, but liee, this deffendant, before the agreement, told the 
plantiffe he would make no more of such leather. The plan- 
tiffe promised bothe better leather, and to procure hempe from 
Connecticote to sow the showes wt^li, but did not performe ac- 
cordingly, so that the deffendant was forced to buy flax at 18'' 
p', and sowed them w*h flax. The plantiffe bringing more 
worke, the deffendant saith he told hime the bargaine was to 
carye away that was done, he said it laye better then he could 
laye it, so left some of it till the 3*'' or 4"' of Nouember. The 
deffendant minded hime of his promise to bringe better leather, 
& told hime, tlii$ is as bad or worse then the first, that if he 



1647] NEW HAVEN COLONY RECORDS. 347 

had not better leather he would doe no more, and added, it is 
pittie but the tanner should be hanged w^h tanned it, for he 
cossens the cuntrye, but he said it was not the tanners fault 
alltogether, he the plantiffe was faine because of Mr. Evanc his 
hast, to take it out when neither the tanner nor himselfe could 
tell wheither it was tanned inoughe or no. The deffendant 
dissiered to haue hemp, the plantiffe said that thred would 
last as longe as the leather ; so this deffendant went on and 
did the worke, all but on dosson, but he neglected to fetch 
them awaye. Some leather the plantiffe, or some for hime, 
left at Moses Wheelers, w^li his wife tooke vp & rent the 
graine from the flesh, and some of the leather is to be scene 
in the towne at Mr. Evanc his house. The defendant saith 
further yt he tooke out y^ best pare of shooes he could pickc 
out of the first 4 dosson ; Mr. Blackmans sonn had them, and 
in a short time they tare out in the whole leather. For make- 
ing the showes lesse then they were cutt out, it was because 
they were marked by hime more then they would reach, for 
some w°h was to be made vp of y° tens, would not reach a 
nynes last, but would teare, they were so little and the Icatlier 
so bad. And for markeing them longer then they were made, 
it was because he sent me word that I should marke them as 
he had marked them ; and secondly, he sent me a last of the 
tenns, w^h was not of y^ tenns. The deffendant furtlier saith, 
that he lost 15 weekes time by the negligenc of John Meges, 
for want of worke, contrary to agreement, as appeares in the 
wrighting. And for makeing the wooden heeles shooes other- 
wise then hee appointed, it was because the deffendant was 
faine to take those rands to make welts for the plaine shooes. 
For this the court blamed hime, telling hime he should have 
forl3ornc makeing them till he had bine supplyed wUi matteri- 
alls, but Goodman Meges saith he sent welts w'h all the shooes 
he sent. 

The plantiffe and deffendant hauing spooken, wittneses 
were called and examined. 

Jonathan Sargant testifyeth vpon oath, taken before the 
gouerner, the 22th of October 1G47, that he buying a pare of 
russitt shooes, clossed in the inside at the side seamcs, of Good- 



348 NEW HAVEN COLONY RECOEDS. [1647 

man Megs, he wore them at the first 2 or 3 times to a neigh- 
bours house, but did not, that he knowes, then wett the soales 
of them ; secondly he wore them one at the meeting, being 
aboute 40 rode ; 3«'iy he wore them one more to the meeting ; 
tliat night he walked downe to y^ watter side, aboute 60 rod 
from his house, and then he brought home y^ soales of on of 
his shooes in his hand, and the other lose, readie to fall of; 
then he gott them sowed againe, and wore them now and then, 
but not constantly, for aweeke or a fortnight, then theinsoales 
and outsoales and all fell from the vper leather ; he cannot 
remember that he wore them any more then this. 

Thomas Whitewaye dothe testifye vpon oath, that he bought 
a pare of russit shooes of Goodman Meges of Ncwhauen, 
clossed in the inside at the side seames ; he wore them 3 or 4 
dayes and then the out soales ripped, then he sowed them 
againe and wore them 3 or 4 dayes more, and the insoales, 
welts and all came of, then he sowed them together againe, 
and shortly after the vppcr leather, seames, heeles and sides 
ripped, so as that they would not hange vpon his feete, the 
vper leathers being not broken, nor the out soales so much as 
broken at the toes, insomuch that this deponent said, bethought 
it was fitt Goodman Megs should be putt in prisson for so 
coussining the cuntery, and he doth expect sattisfaction from 
Goodman Meges. 

[200] IJJohn Parmelc of Guilford tcstifyeth vpon oath, 
taken before Mr. Disbrowc, the first of Nouember, 1647, that 
he bought a pare of shooes w°h came from Goodman Meges of 
Ncwhauen, russet, clossed in the insides at the side seames, and 
that wearing them but 6 dayes, or 7 dayes at the mostc, the 
soales ripped from the vper leathers. 

Samuell Netelton of Totokett doth testifye vpon oathe, 
taken before the gouerner, the 4"' day of Nouember 1647, 
that he bought a pare of shooes of Goodman Meges of New- 
haven, russed, clossed in the inside at the side seames, for his 
wife, she put them on on the Lords day, and the next third 
day morning they wearc rii)ped, the soales being good, neither 
shrankc nor hornie that I could perceive. And he allso testi- 



1647] NEW HAVEN COLONY RECORDS. 349 

fyed that for and in consideration of satisfaction from Good- 
man Megs, he expecteth a new pare. 

Marke Meges testifyeth vpon oatli, taken before the gouer- 
ner, tlie IG^h of Nouember 1647, that he being at Stratford to 
fetch home the shooes that were made by Henry Gregory for 
Jn'' Meges, he found "the shooes lying in the sand, many of 
them being ptly couered w'^h tlie sand, bothe w^hin and w^i- 
oiite, so that he was forced to take awaye the sand with his 
hands to come at them, and handed them to Ralphe Loines, 
whoe handed them to old Gregory, whoe washed them in wat- 
ter to wash awaye the sand and filthe from them. Allso he 
testifyeth that he seing the old man worke wUi a very great 
aule and a small thred, w^h very litle wax, blamed hime for 
it. That at that time they left some behinde that were not 
made. 

Other testimonies were dclinered in wrighting to the coiirte 
to the same purpose, but not vpon oathe. 

Goodman Gregory pleaded that it was the badnese of the 
leather w^h was the cause of the shooes ripping and falling 
apeces, for the leather was hornie and not tanned. The court 
bad Goodman Gregory prove that. 

Mr. Evanc saith that being at Mr. Blackemans, they had 
speech of these shooes. M''^ Blackman said that after 2 or 3 
dayes wereing, the leather was like flaps of a shoulder of 
mutton ; and Mr. Evanc further saith that he sold shooes of 
these to a ptie himselfe, and the leather was so bad that the 
ptie would not have them. 

Mr. Blackman saith that his sonn had a pare of shooes of 
these, w*=h he thinkes lasted not abouo 3 weekes, then they 
Ijroke in the whole leather, and another pare of shooes 
mended for another of his sonns w'li some of that leather, 
w'h in on dayes wereing, being wett, was spoyled. 

Juda Gregory testifyeth vpon oath, that he looked vpon pt 
of the leather w^h his father was to worke of Goodman 
Meges, and some of it was so hornie that according to his 
judgment, no man could make shooes to pase his word^ on 
them to hold. Allso shooes so tainted, thoughe they might 
seeme to l)e tanned, yet they would not hold that a man was 



360 NEW HAVEN COLONY RECORDS. [1647 

able to jiistifye hiinselfe or the leather in it. Allso that his 
father complained to hime, this deponent, and himselfe sawe 
shooes of the tenns marked for eleuens, that l)y a size he conld 
not so we tliem either for credite to himselfe or proffitt to the 
cuntery. Allso that Goodman Royes showed hime shooes he 
made for Goodman Meges and he could not last them, hut 
was faine to sett them on a last a size shorter then Goodman 
Meges would haue them made. Allso that Goodman Meges 
would have had this deponent wrought, but he sawe the lether 
so bad that if he neuer wrought more he would not worke it, 
in regard of the vncomfortablnese to worke, because it was 
hornie, and so litle that it would not come together, and be- 
cause it would be a wronge to the cuntery. Further he saith 
that Goodman Royes told hime that he complained to Good- 
man Meges of cutting his shooes so litle, he stranged at it, but 
Royes told hime he lost by cutting his soales so bige and his 
vper leather so litle, but Goodman Meges said he did not vse 
to doe so. For the lying of the shooes in the sand, this de- 
ponent saith he tooke a pcell, pare by pare, from the place 
where those laye that Marke Meges fetched away, and they 
laye, in his aprehension, w^hout any damadge, w^hout any 
sand in any pare that he couldc disccrne, thoughe he cannot 
saye they were the same pcell that Marke Meges fetched 
awaye, thoughe it was aboute that time. 
[201] II Moses Wheeler testifyeth vpon oath, taken before 
Captainc Astwoode, the 30'^ of Nouember 1647, that Good- 
man Meges his man left some leather at his house for Good- 
man Gregory, and the next day his wife tooke vp some of it 
in her hand and said she thought it was tainted, and pulling 
it betweene her hands it did teare w'h ease, and this he heard 
& sawe. Further he saith he heard Goodman Gregory saye 
at on time, (1)ut wheither at y^ time before mentioned he can- 
not tell,) that he was sicke of that leather, and that he should 
neuer have credit of it for his worke, nor they profitt that 
should weare it, and further he saith, that he speaking w'h 
Goodman Gregory aboute a pare of shooes, he answered it 
was not fitt to were in this cuntery, for it was to be caryed out 
of the cuntery, and that he durst not pase his word vpon it. 



1647] NEW HAVEN COLONY RECORDS. 351 

The wife of William Crooker testifyeth vpon oatlie, taken 
before Captaine Astwoode, the SO'ii of Nouembcr 1647, that 
when Goodman Mcges came for the shooes, he sawe tliem lye 
vpon a sandye bench in the sellar, and he said he liked the 
lying of them very Avell, saying to her ftither he could not laye 
them better. And her father finding fault with the liorny- 
nesse of the leather, that the flax would not hold it, Good- 
man Megcs answered that the next weeke he would goe to 
Connecticotc and gett himc hemi)e, but he said he thought 
the flax would last as longe as that leather, but after Goodman 
Meges was gon, and delaied to fetch awaye the shooes, her 
father wiped them w% a cloth, and tooke some clapbords and 
other things, and laide vnder them. And further she saith, 
her father blamed the tanner for the leather not being well 
tanned, Goodman Mcges answered he could not l)lame the 
tanner so much, for he Avas faine to take it oute l»efore it was 
tanned. She saith further, she sawe it tcare in jjeces when 
her father put it vpon the last, and on shooe her father was 
faine to pece on the side. 

The court having heard these things on bothe sides did 
thinke there was a fault in bothe, and that the cuntery was 
much wronged in this wayc, therfore they were willing to call 
in some workemen, bothe shoemakers and tanners, that they 
might see it and judge whose the fault was, and so give into 
the courte what light they coulde. To this ppose, some of 
the shooes thus made was brought from Mr. Evanc, w^h were 
some of the best of them, and the court called and dissiered 
Leivtenant Seely, Goodman Dayton, Goodman Groue of Mill- 
ford, shoemakers, and Goodman Osborn and Seriant Jeflery, 
tanners, to take those shooes aside and veiwe them well, and 
if ther be cause, ripe some of them, that they maye give into 
the courte according to ther best light, the cause of this 
damadge. They did so, and returned this answer, Leivtenant 
speaking in the name of the rest. Wee aprehend this, that 
the leather is very l^ad, not tanned, nor fitt to be sold for ser- 
vicable leather, but it wrongs the cuntry, nor can a man make 
good worke of a great deale of it. And wee find the worke- 
manship bad allso, first ther is not sufficient stufe put in the 



362 NEW HAVEN COLONY RECORDS. [1647 

thred, and instead of hemp it is flax, and the stiches are two 
longe, and the threds not drawnc home, and ther wants wax 
on the thred, the aule is to bige for the thred. We ordinarily 
put in 7 threds, and hear is but 5 ; so that according to our 
best light wee laye the cause l^otlie vpon the workemanship 
and the badnesse of the leather. 

Goodman Gregory, vpo this testimony, seemed to 1)0 con- 
vinced that he had not done his pt, but then laide the fault on 
Goodman Meges, that he was the more slight in it thourough 
his incouradgment, whoc said to liime flap them vp, they are 
to goe farr inoughe. 

William Hooke juni' testifycth vpon oath, that he clearly 
rememl)reth Goodman Gregory was makeing 2 pare of shooes 
in their shopp, Goodman Meges came in in the meane time, 
and he said to Goodman Gregory, flapp them vp together, 
they are to goe farr inoughe. 

John Gregorie testifyeth vpon oathe, that Goodman Meges 
said, flapp them vp together, they are to goe farr inoughe, this 
was aboute the beginng of the last bargaine, w^li was for the 
10 dosson. 

Concerning the 15 weekcs tunc, W^^^h Goodman Gregory 
demaunds damadge for, that is to sayc, from July to Nouem- 
ber, it did appeare by Goodwife Meges her testimony in court, 
that she, from her husband, told Goodman Gregory at the 
faire in September, that her husband was discouradged to 
send himc any more worke l)ecause his worke was naught, 
thoughe hee had more worke readie cutt out. 

John Gregory saith, that aboute the time of the bargaine he 
gaue Goodman Meges some cautions, because his father was 
old and his eyesight failed hime, and he durst not imploye 
himc himeselfe, for he could not doe as he had done. 

Mr. Evanc was asked the cause why he turned the shooes 
vpon Goodman Meges his hand, he said the maine rcasson was 
the badnesse of the leather, thoughe he allso excepted against 
the workemanship. 

Goodman Meges was called to propound his damadge, he 
instanced first in his name, 2diy damadge to Mr. Evanc, 3^"y 



1647] NEW HAVEN COLONY EECORDS, 353 

his ware being turned vpon his hand, 4'ib' hindranc in his 
trade, 5'^b' money payde severall men for satisfaction. 
[202] II The plautiffe and deffendant professing, vpon the 
courts demaund,that they had no more to saye, and the courte 
considering the case as it had bine presented, deljated and 
proved, found tliem bothe faultie. Goodman Gregory liad 
transgresed rules of righteousnes, both in refferenc to the 
cuntery and to Goodman Meges, thoughe his fault to Good- 
man Meges is the more excuseable, because of that incourage- 
ment Goodman Meges gaue hime to be slight in his workeman- 
shipp, thoughe he should not have taken any incouragement 
to doe evill, should haue complained to some magistrate, and 
not have wrought such Icatlier in such a manner into shooes, 
by w°h the cuntery, or whosoeuer weares them, must be 
deceived. But the greater fault and guilt lyes vpon John 
Meges for putting such vntanned, horny, vnservicable leather 
into shooes, & for . incourageing Goodman Gregory to slight 
workemanshipp, vpon a motive that the shooes were to goe farr 
inoughe, as if rules of righteousnes reached not other places 
& cuntryes. 

The Court proceeded to sentenc, and ordred Goodman 
Meges to paye 10' as'a line to the jurisdiction, w'h satisfaction 
to every perticuler person, as damadge shall ho required and 
proved. And further the court ordered that none of the faul- 
tie shooes be carved out of the jurisdiction, to deceive men, 
the shooes deserving rather to be burnt then sould if ther 
had bine a lawe to that purpose ; yett in the jurisdiction they 
maye be sould, but then only as deccitfull ware, and the l)uyer 
maye knowe them to be such. They ordered allso Goodman 
Gregory, for his slight, faultie workmanshipp and fellowshipp 
in the deceipt, to paye 5^ as a fine to the jurisdiction, and to 
paye the charges of the courte, and that he require nothing 
of Goodman Meges for his lose of time in this worke, wheither 
it were more or lesse ; and the court thought themselues speed- 
ily called and seriously to consider how these deceipts maye be, 
for time to come, prevented or duely punished. 
45 



354 NEW HAVEN COLONY RECORDS. [1647 

A Generall Court the 18t'» of October 1647. 

Mr. Wakeman, Francis Newman were chossen deputies fo 
the jurisdiction generall courte. 

Mr. Gibbard, Mr. Crane, Jn" Gibbs, Francis Newman chos- 
sen deputies for the plantation courte of Newhaven. 

Francis Newman chossen secretarie for Newhaven for y*' 
next yeare. 

Thomas Kimberlie chossen marshall for the next year for 
the towne of Newhaven. 

Brother Pery had libbertie to depart the courte, to goo 
aboate the Phenix. 

The Gouerner one againe dissiered that the colledg corne, 
w^li is yett behinde of the last yeare, might be caryed in to 
the collocto'"'' ; hee allso propounded that seing corne is now 
more plentifull then in the sumer, that therfore now collecto'"^ 
might be chossen to gather it for the next yeare, but it was 
respited to another courte, that so the former collecto''^ might 
finish their worke. 

The Gouerner, magistrats and deputies, w^h Mr. Evanc and 
Mr. Wakeman, were chossen to audite the treasurers accounts 
for the year past. 

John Brockett was chossen veiwerfor the fenc of Mr. Lam- 
bortons quartr, w'h Henery Lendall for this pt of the yeare 
ensuing, in the roome of William Preston deceased. 

Mr. Evanc made a propossition to the courte that seamen 
might be freed from watching and trayning, and gaue in the 
names of sundry into the courte, but seing it is now nearc win- 
ter, wlierin watchings and traynings cease in their ordinarie 
course, the courte thought fitt therfore to respite it for this 
time. 

Mr. Evanc had libertie to depart the courte. 

The Gouerner acquainted the courte that vpon notice of 
the generall courts order to staye the Duch shipp* w^li was 

* This was the St. Beiiinio, which the Dutch, claiming to be a smuggler, by a strat- 
agem seized and cut out of the harbour, on a Sunday, and carried to New Amster- 
dam, where the vessell and cargo were confiscated. O'Callaghan, N. Netherlands, ii, 
45. Brodhead, i, 479. Kec. U. Col. s«A anno ^G4S. 



1647] NEW HAVEN COLONY RECORDS. 355 

seized and caryed out of this liarboiire by the Duch, the Duch 
gouerner hath sent a letter and a protest against Newhaven 
for it, professing he will have controversie only w^h Newhauen, 
and requiers us to send the three prissoners and the Duch 
marchants and their goods, to them to the Mannatoes, w'h 
some threatening speeches if wee doe not. He acquainted 
the courte allso wUi the answer* he had sent, as allso wUi 
another letter since received by the fiscalle, more mildc in 
phrase, but still continewing his title to the place, and send- 
ing for the prissoners ; but seing he wrights so that if the 
sending of them maye be interpreted as done in a waye of 
subordination, it was not thought fitt to send them. The gou- 
erner therfore dissiered the courte to consider what shall be 
done. Further, the 3 Puchmen w'^h dissier to be planters, 
vizd, Mr. William Westerhouse, Mr. Sam: Goodanhouse, Mr. 
Henery ^ dissire to knowe wheither the towne will 
protect them or no, that they maye knowe howe to dispose of 
themselues. Further, he propounded to the courts considera- 
tion, how safe it maye be for vessells to pase by the Manna- 
toes till these questions be cleared, and wheither wee be not 
called to make some slight workes, and plant some gunns for 
the townes present defenc against small vessells, w^h w'h ther 
gunns maye possiblely hurt the towne if no provission be made 
to keepe them of. 

[203] II The things being many, the courte agreed that a 
committe be chossen to consider & proceed therin as they see 
cause, and by the generall consent and vote, the pticulr courte 
for Newhaven, calling to them Mr. Evanc, Mr. Wakeman and 
Leivtenant Seely, had full power granted to them to consult, 
consider and conclude, bothe concerning receiving and pro- 
tecting the Duchmen, w'h all matters aboute fortify cation, the 
place and manner, w'h all other things therto belonging. 
It is ordered that this October rate bee forthw'h payde. 



♦Appendix, B. C, D. 



366 NEW HAVEN COLONY RECORDS. [1647 

A COURTE THE 4tl» DAY OF JANUARY 1647. 

Mr. Pell, Mrs. Lamberton, Francis Hall, John Tompsou, 
Mathias Hitclicocke, Richard Beech, being all warned season- 
ably, made no appearanc, thoughe the court satt a good space 
of time. The court gave order that they should be warned 
to the next courte, to answer for this neglecte. 



A Generall Courte the ol^'' of January 1647. 

The orders of the Jurisdiction Generall Courte were pub- 
lished and vpon the gouerners proposition the courte chose 
Leivtcnant Seely and Robert Preston to veiwe and scale leather 
according to the tennour of that order, to whom an oath was 
given that they should, according to the best light they haue, 
discharge the trust committed to them in sealing leather, 
according to the jurisdiction generall courts order. And 
further, this courte ordered that calucs skines, deares skines, 
goats skines, \y^\\ are fully tanned, should be sealed, (seing 
they maye serve well for vper leather for some sliooes,) and 
that the rate of sealing l)e 4^^ a hide, and 2^ a skine, and that 
the scale for the best, w^^^h is fully tanned, be N : G : and for 
that w^h is faultie, N F : and, if the sealers be both in 
towne, they are to be together when they scale, but in case on 
of them is out of towne, or otherwayes justly hindred, then 
on of them maye scale notw^hstanding, and the sealers, for 
the better informing themselues wheither the hides or skines 
1)0 fully tanned or no, haue lil)ertie to cutt them in such 
places as they see meete, provided they make not spoyle of y^ 
leather. 

And scing the shooemakers haue libertie to make slioocs, 
not onely of neats leather, but the vper leathers of some of 
calues leather, or deares, or goates, being fully tanned and 
sealed, and seing ther is «great differenc in the goodnesse of 
these shooes, that the buyer lie not deceived, the court 
ordered that every shoemaker in this towne marke all those 
shooes he makes of neats leather, before he sell them, w^h an 



1647] NEW HAVEN COLONY EECOEDS. 357 

N : vpoii the lap wthiiiside, belowe the place where they be 
tyed, and for failing hearin, they shall suffer such punishment 
as the perticuler courte shall judge meete. 

It was propounded to the shooemakers, that seing hides are 
now neare as cheape as ordinarily they a];e in England, that 
shooes might be sould more reasonable then they have bine, 
and the shooemakers promised they would consider of it. 

The gouerner acquainted the courte that those whome they 
appointed to audite the treasurers accounts have done it, and 
see cause to propound to the court that a new rate be now 
granted, for defraying necessisary charges for the towne, and to 
paye the rate levied vpon the towne for the jurisdiction ; and 
after some debate the courte ordered that next Aprill rate and 
on halfe ycarcs rate extraordinaric l)c forthw^li payde. 

The 4 deputies were chosen by the court to joyne w'h the 
treasurer in setting out publiquc workes to be done for the 
towne, to see that they maye be don substantially, and w'h as 
litle charge to the towne as maye be, and they are to call 
in what workemen they please for advise. 

The bridge above the brickills in the way to Connccticote is 
to be caryed on w^i as mvich speed as maye be. 

It was propounded to consideration wheither it be fitt for 
the towne to allowe 8' a yeare to the drumer ; the court and 
the military officers were dissiered to speakc w^i the drumer, 
and see if his sollarie might not be lessc. 

William Andrewes was dissiered to take care that the meet- 
ing-house dores maye be made safe, in hanging them wUi such 
irones and such lockes and bolts as they may be stronge and 
secure, and that the floure above might be laid forthw'h. 

It was propounded to the court, that seeing William An- 
drewes, whoe hath kept the ordinarie, is aboute, or hath laide 
it downe, that therfore some other might be found to doe it, 
that so strangers might knowe wheither to goe to be refreshed, 
but the court againe propounded it to William Andrewes to 
see if he would not still keepe it, he answered he would con- 
sider of it and in a short time give in his answer to the mag- 
istrats. 

Those that were behinde in payement of their colledge corne 



358 NEW HAVEN COLONY RECORDS. [1647 

were dissicrecl to carlo it in to the scvcrall collecto'"''. Col- 
lecto'--* chosseii to gather the collcdgc conic for this ycarc, arc 
Anthony Tompson and Rogger Allen. 

John Gregory propounded to the courte, that a good while 
sine their was a pare of shoocs spake of in courte w^h he 
sould William Paine, of the tenns, French falls, at 5^ 10*i, at 
w'h their was some offcnc taken, and he condemes himselfe 
that he hath lett it lye so longe vncleared, but now he pre- 
sented a noat in courte W^h showed the perticulers howe they 
did amount to so much, vndcr two shooemakers hands, Init 
the court professed they could not see cause shooes should be 
sould at this rate. 

[204] II It was propounded to the courte to consider wheither 
it were not meete to make a lawe for restraining of persons 
from their ordinarie outward imployments vpon any pt of the 
Saboth, and the rather because some have of late taken two 
much libertie that way, and have bine called to answer for it in 
the perticuler courte. The courte considering that it is their 
duty to doe the best they can that the lawe of God maye be 
strictly observed, did therfore order that whoesoeuer shall, 
w'hin this plantation, breake the Saboth by doeing any of 
their ordinarie outward occaisons, from sun sett to sunn sett, 
either vpon the land or vpon the watter, extraordinarie cases, 
workes of mercy and necessetie being exceptted, he shall bee 
counted an offender, and shall suffer such punishment as the 
perticuler caurte shall judge meete, according to the nature of 
his offcnc. 

It is ordered that no man shall fall any tree or trees w'hin 
the boundes of the common of this towne, w'hout leaue from 
some magistrate, and then he shall haue but for his perticuler 
trade or necessarie vse, and haueing cut it downe, iff he doe 
not make vse of it wthin the compase of 14 dayes it shall be 
forfeite to hime that shall come to the magistrate and aske & 
have leaue for it. 

It was propounded that a causwayc might be made from 
Mr. Perys corner to the meeting-house, but it was respited. 



1647] NEW HAVEN COLONY EECORDS. 359 

A COUETE THE FIRST DAY OF FeBURARIE 1647. 

Richard Chadwell liavcing had an attachment vpon three 
hogsheads of siiger of Robrt Persons, and claimes a right in 
his house and other estate, to make good the transportation of 
what goods Richard Chadwell is to haue from Sandwich and 
some other demaundes, in w^h things he craved the help of 
the courte. 

The courte tould hime they mayo not trye and issue a cause 
of such valew, it must be reffered to the courte of magistrats, 
l)ut they will see that the goodes attached maye be secured 
and preserved from damadge as much as maye be ; and ther- 
fore gave order, that the suger bee veiwed and put into the 
tresurers hand and sould to j^ best advantage, and the pro- 
ceed so kept safe for the best proofs Mr. Chadwell can bringe, 
and what goodes elc ther is of Robert Persons, it is to be 
brought to the treasurer, that so the estate maye be preserved 
from losse as much as maye be. 

Mr. Pell, atturnye for Mr. Edmund Leach, entereth an 
action against the estate of Robert Persons for a debte of 18^ 
4s Qd, w'=h ariseth thus, 15' 14^, he conceaveth due vpon a 
pcell of goodes the said Robert received of Mr. Leach, and 2^ 
IQs due for fraight, w^h makes 18i 4^, w^h he thus indeav- 
oured to prove. Robert Person received of Mr. Leach goods, 
to the vallew of 61', as they were rated by Mr. Leach, w<=h he 
was to carye to the Barbadoes and sell, the said Robert to 
have halfe the proffitt and to paye halfe the fraight till the 
returne be made, w^h the said Robert was to make either to 
England or elc to Newhaven ; now of this 61' worth of goods, 
he sould to the valew of 34i 10% and for this deliucred 752' of 
cotton woole, W^li the plantiffe conceives cannot arise to so 
much, as cotton woole is worth and paseth in the Barbados. 
And that this was the agreement he produced Mr. Leach his 
letter to Mr. Pell, and Mr. Pell tooke oathe that Robert Per- 
sons acknowledged that this in the letter was the agreement. 
The clause of the letter runes thus : I have sent by Robert 
Persons, to the Barbadoes, 61' worth of goodes, he to allowe 
me halfe the proffitt of them, and to beare halfe the adven- 



360 NEW HAVEN COLONY RECOEDS. [1647 

ture and halfe the charge of the said goods, vntill the re- 
tunie be made to me or my assignes, when the proffitt is to be 
shared ; his order is to send either to England or to Newhavcn 
the returne, and if he come or send to Newhauen, yow will 
heare of hime, and he will and is to give yow accounte of the 
goodes. Mr. Pell testifyed vpon oath that Robert Persons 
acknowledged to hinio that this was the agreement. John 
Thomas saith that Robert Persons tould hime the goods wonld 
not of, but at his coming awaye he sould the goods for 800' of 
cotton woole. Now of this 800' of cotton woolo, the said 
Robert deliuered 752' to Mr. Pell, and -18' was disposed of for 
necesarie charges. 

The court considering that the deffendant is dead, and none 
present that can clearly answer for hime, and that the plan- 
tiffe can make no clcare proofe for what, nor how the goods 
was sould, could not see cause to cast damadge vpon the estate 
of Robert Persons, leaning the plantiffe to make what further 
proofe he can hearafter, either for the fraiglit or for the priuci- 
palle. 

John Thomas acquainted the courte that Robert Persons 
haueing lett halfe his house & halfe his lott for 40^ a yeare, 
before he went agreed to make them a well, w'^'h they that are 
in it dissire maye bo done. The courte tould hime that now 
the ceason of the yeare is past, but he might provide stones 
readie that it maye bee done so soone as the ceason serves. 

It was propounded to the court that Goodman Bud dis- 
siered some alio wane out of the estate of Robret Persons, for 
some suger w'^h fell short in a hogshead of sugcr Goodman 
Budd had of Robert Persons for his house and lott he sould 
hime, w^li hogshead he expected to be 500', but it fell not out 
so much, biit John Thomas saith that Robrt Persons said he 
payd hime all, and Mr. Chadwell saith that Robert Persons 
did not warrant liime 500' in the hogshead, but did bide hime 
chuse w-'h he would & that should satisfye hime. And further 
he saith he saw 1 hogshead of them waid at Roade Island W^h 
waid above 500'. 

[205] II A noat of some debtes owing to Robert Persons was 
presented in courte. 



1647] NEW HAVEN COLONY EECORDS. 361 

John the Duchman dissiered libertie for himselfe and the 
other two W^h were prissoners wUi hime, to goe to the Dnch 
gonerner ; it was tould hime that if he had dissiered it at first 
they might haue bine sent, but then they were alltogether vn- 
willing ; that the court are still free to send them, onely as 
they were put vnder that bayle, vnder w^h they stand, by the 
courte of magistrats, so the bayle must bee released by the 
same power, w^h should be done as speedily as the court of 
magistrats could meete. 

Mrs. Lamberton presented the invcntorie of the estate of Mr. 
George Lamberton, her late huslmnd, in courte, wh was veiwed 
and deliuered to the secrctarie to be recorded.* 

The will of Mris Wilkes was likewise deliuered into the 
courte by Mr. Ro : Newman, and deliuered to the secretarie 
to be recorded.! 

* "An iiiventorie of the estate of Mr. George Lamberton." 

The estate is creditor, to the worpll Theopliilus Eaton, pr bill, £28. 17. Is. more to 
him for the negai-s clothes, £3. to Mr. Stephen Goodyeare, pr bill, £65. 4. 9. to 
Isacke Allerton, pr bill, £22. 2. 6. to John Chapman, pr booke, £6. 6. to Mr. Pell, 
for Mrs. Brewster, £30. 14. 2. to Rogger Allen £7. to John Clarke £1. to Mr. Hooke 
£3. 12. 8. to Mrs. Gregson £3. 14. to Geo. and Lawrance Warde £6. 10. 8. to ship 
Fellowshipp, put in £50, £25. to Goodman Stone 8". to Jonathan Sarjant 15^ to 
Adam Nicolls £1. 2. 5. to Roger Knap 10^ to John Thomas 7^. to Capt. Turner £1. 
to Mr. William Tinge £1. to land at Stamford £4. to Moses Wheeler £1. 9. 10. to 
Brother Nash £1. to John Nash £0. 17. 9. to Richard Everit £0. 10. to Serjant Jef- 
fery £1.. to William Andrewes, senioi', £4. to John Chidsey £0. 15. to 8 oxe hides 
£4. 8. to William Davis £0. 8. 5. to John Tompson £1. 8. to Michaell Taintor £6. 
6. to Mr. Gregson, Mr. Hawkines and Mr. Goodyeare £3. 17. 6. to the 24'i' part in 
the Susan £1G. 11. 8. to Mr. Pery £20. to goods in the Susan and Phenix £29. 5. to 
Phillip Leake £1. to John Rider £1. to Mr. Gilbert £34. 
The whole estate is £1218. 12. 4. 
owing, 16 

rest good estate, 1202. 12. 4. 

The estate is debtor to Mr. Malbon £13. to John Willford £3. 

Prised the 4''' of January 1647. Mathew Gilbert, Richard Miles. 

t " The will of Joane Wilkes made the 12>i' day of January 1645. 

" I Joane Wilkes being called to goe to my husband, but not knowing whether he be 
living or not, and not knowing whether I may live to come to England or to returne 
heither, doe desire, so farr as I have or maye have power in my hands, to dispose of 
that estate that God hath given me in this place. First I will and bequeath to our 
deare pastor tenn pounds. To our teacher five pounds. To the church of Christ in 
this place five pounds. To my neece Bridget Wilkes thirty pounds. To my nephew 
Joseph Dalman, in London, twenty markes. To my nephew Nathaniel Warnei-, of 
Bristoll, twenty markes, and to Susanna Gregson twenty markes, and to our beloved 
elder, Mr. Robert Newman, five pounds, whom I nominate and appoint the sole execu- 

46 



362 NEW HAVEN COLONY RECORDS. [1647 

Robert Hill deliucred into the court an inventorie of his 
brother John Hills estate*, w^h was likewise deliuered to the 
sccretarie to be recorded. 

Mr. Pell brought in and deliuered to the courte an inven- 
torie of his wives estate, left by her late husband, Mr. Francis 
Brewsterf, w^h was read and deliuered to the secretarie to be 
recorded. 

Mr. Pell was tould he was warned to the courte aboute his 
wives fine, that he might either paye it, or show a sufficient 
reason why he did not ; he dissiercd to know by w^ lawe it 
was demaunded, it was tould hime, by the lawe of his marrying 
the widdow, yv^h. owed it before he marryed her ; he said he 
knew not howe it comes to be her debte or his either, the gou- 
erner tould hime he had a copie of the courte order, and if he 
could obiect any thing against the justic of the courtes pro- 
ceedings, hee might ; he said ther is that charged in the order 
that is not proved, he was told it was a reproachfull slander 
cast vpon the courte to saye they had laide a fine for any 
ofienc not proved, and he was called to make proofe ; he in- 
stanced in a passage Avherin excese in drinking w^h other 

tor of this my last will and testament, intreating him to take upon him this care and 
trust and to see It performed accordingly. And if my house, lands and goods left 
hear should not amount to so much, then my mind is that the abatement shall be 
upon the three legacyes of twenty markes equally, and if it shall arise to more, that 
it be added equally to those three legacj'cs of twenty markes a peece. lii witnes 
whereof I have hereunto put my hand this 12'-'' day of the eleventh moneth 1645. 

Jone Wilkes. 

" Joane \Vilkcs declared this to be her will and testament before mee. 

Tho: Gregson." 

Inventory taken by Mr. Gilbert, Mr. Wakeman and Mr. Crane, the 14''' of the llni 
moneth 1647. Total £89. 4. Debts. 3 bushells of wheat of old Jacocks of Strat- 
ford £0. 12. Mr. Gilbert 15». Jolm Clarke 30^. Thom : Munson 14». Mr. Robert 
Newman 8k Richard Hull 8^. Phillip Leeke for rent of the house and garden the 
yeere 1645 £3. for rent of the garden 1646 £3. James Clarke 30^ Phillip Leeke 
received of several men £3. 13. 

* "An inventorie of the estate of John Hill" £24. 19. Mr. Winthrope debtor £7. 

The estate is debtor, to Peeter Browne £4. 10. to old Goodman Willmot £0. 16. to 
the treasury £0. 3. 6. to Robert Preston £0. 2. 6. to Ro. Hill for 4 bush, wheat £1. 
to him for a stuff suit £1. 18. 6. more for a goat £0. 8. 

t"An inventorie of the estate of Mr. Francis Brewster," amount £555. 6. 2. In the 
great ship, cost £50. prised December 30, 1647 by Francis Newman, Richard Miles, 
John Clarke.— The estate debtor, pd out of the estate as appears by acquittfinces £57. 
10. for a debt which Mr. Brothers demands out of the estate £200. for a debt owing to 
Mrs. Lamberton £30. 14. Total £288. 4. 



1647] NEW HAVEN COLONY RECORDS. 363 

inconveniences seeme to be charged on Mris Brewster, now 
his wife, wh. was not proved against her, he was tould there 
was neither any such charge, nor any penny of the fine im- 
posed vpon any such consideration, that his iniurious cariage 
hearein is agravated in that full light hath bine tendered hime 
in the case, no excese was charged against her by ye courte, 
nor in the originall order was ther any word sounding that 
waye, it was an errour in the secretarie, who probably had 
left out a line in ingroseing the order out of the first copie, 
and Mr. Pery, the secretarie that then was, liad sine bine w'h 
Mr. Pell, had showed hime how the originall ranne and the 
line left oute, offered hime to rectifye it, but he refused. The 
governer tould Mr. Pell that the line beinge left out as it stands 
in his copie, it dothe not rune cleare & in good sence, namely, 
(and sit drinking all excese in drinking w'h other inconven- 
iences following.) Mr. Pell said it was good dialect, no over- 
sight in the secretarie, and he could prove it. The gouerner 
tould Mr. Pell he conceived he did not vnderstand what dia- 
lect is, but the courte considering that Mr. Pells charge is 
made against the courte of magistrats, whoe imposed that 
fine, thought fitt and ordered, that his miscariage be reffered 
to the consideration of the next court of magistrats for the 
jurisdiction, and ordered Mr. Pell to attend them therin, 

Ezechiel Cheveres passeth oner to John Cooper 5 ac** 2 
thirds of vpland w^hin the two myle, on halfe of it lying in 
Mr. Eatton quartr, betwixt the land of M"s Turner & William 
Tuttill, the other halfe lying by the mill highwaye, at the end 
of Mr. Batons pasture, next the land of William Tuttill. 

John Lawrencson and his wife, being warned to the court, 
apeared, they were charged for selling stronge watters by 
small quanteties, contrarie to a courte order. He said he 
knew not that it was a breach of order, and she sould it for 
Mr. Westerhouse. 

She saide that haveing broke the order, she dissiered to 
submit to the courte. 

But beside the breach of order, their apeares something of 
disorder, for William Paine saith that the 3 Duchmen, w^h 
were prissoners, lying at his house, were wonte, before she 



364 NEW HAVEN COLONY RECORDS. [1647 

soiild stronge watter, to koepc good lioures in coming home 
at night, hut sine, they haue stayde out long, and some time 
very late, and one of them seemed hy his speech to he some- 
what distempred, hut he sawe hime not for he was in hed. 

Arther Halhich saith he hath gone into the house where 
Goodwife Lawrencson was, and sawe persons silt drinking of 
small quanteties of stronge watter two or 3 times, and that her 
husband tould hime she had gained 30« in a weeke or a fort- 
nights time hy that waye of selling out stronge watters. 

The sentenc of the courte is that John Lawrencson paye as a 
fine to the towne for this breach of order, 20% hut if they goe 
on in this way it is not twic 20^ that will excuse them. 

William Paine refused to paye his fine for comeing late one 
Lords day w^i his amies to the meeting, because others came 
late and were not complained of, hut he was told he must paye 
his fine, and the seriant should be warned to the next courte 
to answer for his neglect. 

The treasurer was ordered to paye William Paine for his 
halfe days worke in attendhig the courte aboute John Law- 
rencsons buesnis. 

John Benham informed the courte that he was fined by the 
courte for neglecting to warne Dauid Atwatter to watch. It 
is by the secretarie that then was, entred 5^, but it was but 
2^: 6*^, and seing diuers doe remember it was but 2^: 6<^, the 
courte agreed he should paye no more. 

[206] II Richard Beech dissiered of the courte that he might 
retayne the estate of William lies in his hand till further 
order, w^h is as apeares by the invcntorie 13': 17*: 00'': the 
courte tould hime vpon sccuretie he mighte ; he offered hime- 
selfe and 9' worthe of land, as it was vale wed by Anthony 
Tompson & John Clarke as apeares in a note A'nder there 
hands. The land is 22 ac* of vpland in the second devission, 
and 5 ac^ of meddowe in the west meddowe, and 2 ac* of 
vpland in the quarter at his house, and for the other 5' John 
Beech becometh sure tie wUi hime, as the said Joh Beech de- 
clareth in courte, w^h the courte accepted, w'h this proviso, 
that if John Beech should dye or leaue the towne, Richard 
Beech put in other securitye to the courts satisfaction. 



1647] NEW HAVEN COLONY RECORDS. 365 

John Tompson, atturney for Thomas Allcote in the Baye, 
requiereth youthes of Francis Halle w^h he hroiiglit from 
England long sine, that is to saye, John Whitehead & Thomas 
Whitehead, and saith he hath order to send them to the saide 
Thomas Allcote whoe is ther vnkell. 

Francis Halle saith at the desier of their vnkell, Mr. Allcote 
of Roxberey, since deceased, liee brought these youthes oner, 
and was at great charges with them for their passage and other 
occaisons, w^h he saith Mr. Allcote promised to paye to his 
satisfaction when he came heare, but when he came ther 
vnkell was deade, and knew not of whome to seeke his money, 
iff the.boyes had dyed he should havie lost it, for ought he 
knowes, for he knew of no other vnkell they had, but he was 
blamed that he had not vsed that meanes to finde oute ther 
vnkell or send to ther mother as he might have done, 
(thoughe he saith he hath sent,) but he acquainted the courte 
then w'h it, and w4i ther approbation one of them was dis- 
posed of to Mathias Hitchcoke, the other he kept himeselfe 
till they might liaue further light to dispose of them. 

The courte being dissierous that the chilldren might haue 
no wronge, and allso that the ptyes w^h haue brought them 
vp heitherto, (seeing they were small,) might be justly satis- 
fyed, did seriously consider and weighe the charges and haz- 
ards the severall ptyes had bine at w'h them, as allso the 
advantages that the boyes might be vnto them. And after a 
large debate concerning those accounts, in the issue agreed, 
that Thomas Whithead w<^h was w'h Mathias Hitchcocke, be 
at the end of 5 yeares and eight moneihs from the time he had 
hime, sett free, at w^h time the said Mathias put the said 
Thomas to Davide Atwatter for 4 yeares and 4 monethes, 
thoughe he had no right so to doe, but now the said Thomas 
declareth himeselfe willing to abide w*h his master David 
Atwatter, till he maye heare from his vnkell, so he maye haue 
just satisfaction for the time to come, so longe as he stayeth 
wUi hime. They bothe agreed before the courte, that he 
should haue 3 1 a yeare, meate, drinke and clothes. And con- 
cerning John Whithead, it is ordered that Francis Halle sett 
hime free from this time, and paye vnto hime 50^. 



366 NEW HAVEN COLONY RECORDS. [1647 

Mr. William Westerhouse, by Mr. Evanc his interpreter, 
acquainted the courte that he knew it not to be an offenc to 
the courte that he imployed any to sell his stronge watter, but 
seing he had done it, he justifycd the courte in the fine they 
had laide, and he came to tender the payement. The courte 
tould hime they looked not vpon it as his fault, but Jn^ Law- 
rencsons and his wives that sould it, for they intended not to 
fine hime, but seeing he would payc it, the court considering 
how vsefull hee hath bine in the towne by giveing phisicke to 
many persons, and to some of them freely, the courte agreed 
not to take the fine but returned it to hime againe. 

Phillip Galpine acquainted the courte ther was a certainc 
some of money, aboute 9 ', given hime by will l)y Nathaniell 
Drapr deceased, w^h some was due to the said Nathaniel for 
wages, w^h Mr. Leach is to paye, and now Mr. Pell, by order 
from Mr. Leach, w*=li Mr. Pell refuseth to paye. Mr. Pell 
saide he denyed not to paye it only he heard that Nathaniel 
made another will and gave this wages to Mr. Sellicke, as Mr. 
Tompson of Verginca, David Evanc and another saide, and 
that he will require it, therfore if Phillip will give hime 
securitye that he maye not paye it twice, he will paye hime it. 
The court thought that luit just, and agreed that if Philip can 
give in securitye, it be payde to hime, if not that then it be 
payde into the tresurers hand till the matter maye be cleared. 

Mr. Goodier and Mr. Evanc were dissiered by the courte to 
see Robert Persons suger waide, and that or any other goodes 
of his vallewed, w^h is to be put into the treasurers hand. 

Mr. Malbon dissiered the courte to appointe some to vallew 
some goodes w'^h were attached of Mr. Godferyes for on 
Strong Fornale, of Boston. 



A Generall Courte the 14'^ op Feburarie, 1647. 

The Governor acquainted the courte, that he heard that 
fences aboute the towne arc generally so defective that many 
are discouraged from the laboure of husbandrie, because their 
corne, when they haue sowne it, is spoyled, therfore it is of 



1647] NEW HAVEN COLONY RECORDS. 367 

necessitie y' some course be taken that corne msijG be pre- 
served. 

It was propounded by some that their might be certaine 
men appointed as haywards, w<^h might looke to such a com- 
pase of ground as might be convenient, whoe should take and 
pound all the catle or hoggs they found their, lookeing ouer 
the ground on every daye, and that if the see any small defect 
in any fence they might mend it, or if it be too great a breach 
for them, that then they acquainte the owner w^h it, and each 
hayward to be payde by the severall quarters w<^h imploye 
them, as they shall agree. To this the courte inclined, and it 
was agreed to meete in the severall quarters to put it in exe- 
cution. And wheras it is founde and complained of, that 
when meetings of that nature are warned, severall doe not 
attend them, therfore it is ordered that when a meeting is 
appointed, and all they in the quarters haue seasonable warn- 
ing, if any come not, yett the maior pt maye agree any course 
for the goode of the quarter, provided it croses no order of 
courte allreadie made. 

[207] II It was dissiered by some that Indian and English 
corne mighte not be planted in on feilde together, but it was 
answered by diveres that it could not be avoided, but the 
quarters themselues were to agree hearin, and not to damadge 
on another, as allso to agree of the time of putting in catle into 
the severall quarters where corne is sowne, and allso of take- 
ing them out seasonably, that corne be not spoylcd. All the 
orders abovte fences to stand in full force, and every on to 
hasten the setting vp the fences that are downe. 

Mr. Westerhouse dissiered the towne to save their ashes, 
and he would give them 4^ a bushell and fetch them at their 
houses, or 5'^ a bushell if they carrie them to the watter side, 
to a place he would appointe there. 

Mr. Evanc propounded that some would make a since at 
the creekes moutlie w«=h comes vp to M^^ Wilkes house. The 
court was willing to incouradge it, and wished it might be 
seriously considered against another courte. 

The Gouerner dissiered that men would speedely bring in 



368 NEW HAVEN COLONY EECORDS. [1647 

their rates to y^ treasurer, that so the might prevent a warn- 
ing to the perticiiler courte. 

AVilliam Andrewes was dissiered to acquaint the courte 
what he intended to doe aboute the ordinarie, he answered 
thoughe hime was willing yett he dissiered the courte would 
provide another, because his wife is at present vnwilling. But 
he had further time given hime to consider of it and to come 
to the gouerner and give his answer. 

Mr. Evanc propounded to the courte that something might 
be done concerning the setting a size for the waight of breade 
w^'h is made and sould, but it was left to be further inquired 
into till another courte. 

Mr. Newman, the ruleing elder, propounded to the courte 
that they would grant brother Wiggelsworth a small pec of 
ground neare the meeting-house, to sett hime a litle house 
vpon and make hime a garden, because he is so lame that he 
is not al)le to come to the meeting, and so is many times de- 
prived of the ordinances, when if he was neare he might inioye 
them. The courte considering and pittying his case, inclined 
to doe it & left it to the dispose of them whoe are intrusted to 
dispose of lotts in the towne. 

The courte declared themselues that the leather w^h was in 
mens houses, before the last order for sealing leather was in 
force, be allso sealed before it be vsed or sould. 

Mr. Evanc propounded that ther might be some appointed 
to ouersee and allso to scale the cooppr ware, that it maye be 
sufficient bothe for gadge and tightnes, but it was refered to a 
more private consideration. 

Mr. Malbon dissiered the workemen in the towne that the 
would he forwarde to help the elders vp Avth their fenc, (and 
they should be payde) and especially those whoe are debto" to 
ye treasurie. 

Jeremiah Howe hath libertie from the courte to sell strong 
watter by pints or quarts or other small quanteties, so that he 
suffer it not be drunke in his house, but sell it to y<^ townes 
folke or stranges out of his house, provided allso that he haue 
due respect to any suspicious persons and vnscasonable times, 



1647] NEW HAVEN COLONY RECORDS. 369 

that all disorder maye be prevented ; this to continew till the 
courte find some inconvenienc. 

Henery Morall, William Blayden, Thomas Knowles liaue 
libertie to burne a litle meddowe W^h is in ther home lotts, 
provided the doe it at a fitt time, that no damadge come ther- 
by, and if any doe, they must answer it. 

Leivtenant Seely dissiered the courte that he might haue '^ 
50s allowed hime, w'^h he had bine out of ever sine the plan- 
tation begune, for seekeing a shallope W^h was lost, but the 
courte sawe not cause that the towne should paye it, seeing 
the shallop belonged to perticular men. 

Mathew Camfeild declared himeselfe sorye that he had the 
last courte presented the names of sundrye men to be behinde 
in payement of their college corne, before he had spoken 
againe w^h them. 

The Gouerner acquainted the courte that the Kinges Armes 
are cutt by Mr. MuUyner for the towne, w^li are to be primed 
and after sett vp in a publique convenient place.* 

It was propounded that a comittee might be chossen to con- 
sider and dispose of the absent lotts, that the charge wh comes 
to the towne by them maye be prevented, and the magistrats, 
elders and deacons, w'h the 4 deputies for the towne were 
chossen as a comitte for this thing. 

John Halle acqiiainted the courte that the highewaye against 
a lott he bought of Henery Pecke was worne awaye w'h the 
watter that their was no safe passing that waye. He pro- 
pounded to know wheither the towne will mende it, but the 
courte declared themselues, that the order was that every 
man maintayne a sufficient waye 2 rods from his home lott 
thouroughout the towne; but after much debate, John Halle 
resigned the lott to Leivtenant Seely, vpon condicion that he ' 
mende the waye and maintayne it sufficiently, w^h Leivtenant 
accepted. 

Captaine Malbon propounded that ther might be a new 
clarke chossen for the trayne band for the towne, because the 
formeii clarke being otherwise imployde, could not attend it, 

* From "New Havens case stated," we learn that the kings arms were set upon a 
post, in the highway, by the sea-side. 

47 



370 NEW HAVEN COLONY RECORDS. [1647 

John Clarke was by liime propounded, and l)y tlie coiirte 
chossen clarke for the trayne bande of the towne in the roome 
of Mr. Pcry. 

The towne was dissiercd that they would be carefull to 
attend the order in provideing themselues of ladders. 



[208] A CouRTE AT Newhaven THE 7"' PAY OF March,1G47. 

Sundry at this courte tooke the oathe of hdelitie whose 
names are entred amoung y'' rest. 

Edward Wiggiesworth passeth ouer to Adam Nickholes, six 
acs of vpland ground lying in the Yorkesheir quarter w^hin 
the two myle ; and wheras in the towne booke their is but 22 
ac" and a halfe of land placed vpon Ed. Wiggiesworth s lott, 
bothe for estate and persons, and yett he had layd oute and 
hathc sould 24 acf% he declared that the ac and halfe, W^h 
makes it 24 ac"*, was given hime in alio wane for shortnes in 
his home lott. 

Dauid Attwater entred an action against Mathias Hitch- 
cocke, for 10^ w^h the said Mathias Hitchcocke receaved of 
Dauid Atwatter, for the servic of Thomas Whitehead for 4 
yeares and eighte moneths, w^h Mathias Hitchcocke could not 
performe, he not haueing a full right to dispose of the saide 
Thomas. Mathias Hitchcocke saith, that being demaunded 
what assueranc he could give David Atwatter that he should 
inioye the saide Thomas so longe, seing by the courte order he 
had no full assueranc of hime, but he might goe awaye or 
another might take hime from hime, he answered he could 
give no better then he had, vnlcsse the boye would give hime 
any better, so he agreed w4i the boye to make an indenture 
for so longe time, and gauc hime the saide Mathias Hitchcocke, 
10', but being advised by the courte to agree it betwixt them- 
selues, they bothe consented to it and did wUidrawe, and soone 
after declared to the courte that they had issued the differenc 
to bothe ther satisfactions. 

Arther Halbich passeth ouer to John Beech his house and 
home lott w'li all his accommodations tlierto belonging w^hin 
Ncwhauen. 



1647] NEW HAVEN COLONY RECORDS. 371 

John Nash being warned to the courte for not payeing his 
rates, answered that he knewe none due from hime till the 
land was entred in the towne bookc, and that the courte 
might take ther course, but was reproved for so saying, it 
being a thing vncomcly for hime to saye. So further he 
obiected his land was not laidc oute, but was tould it was not 
the townes faulte, and if that was the rcasson, the courte 
woidd send presently and take a distresc, but in the issue he 
promised to paye. 

William Paine was called to make goodc the charge w^h he 
laide vpon Scriant Munson last courte, w^h was the he pre- 
sented some for comeing late on the Lords daye w'h their 
armes but not others, thoughe they offended equaly alike. 
William Paine saide he was loath to doc it, but yett presented 
sundry names he had in a papr, w^li came late the last Saboth 
in Maye, 1647, and the last Saboth in June ; some of them 
came late, and some brought not their armes. Seriant Mun- 
son saide he dissiered Willm Paine might prove, first that the 
men came late, 2diy that he did not present them. William 
Paine saide hee hade not his proofs in courte ; he was tould if 
ther was indeede a fayling, he should first have tould his 
seriant of it in a private waye, and if it had bine reformed, 
well, if not, then he might have complained, for every souldier 
should strive in all lawfull wayes to vpliold the honour of 
their officers. Further, Seriant Munson saith that ho had the 
names of sundry in a note to give the marshall that they might 
be warned to the courte, but he lost it oute of his pockett, he 
knowes not how. The seriant was advised, and wUi hime the 
other seriants, that they would carefully attend the discharge- 
ing of that trust W^h is committed to them, for they maye see 
that the eyes of many are vpon them. 

Mr. Leete and Mr. Jordan, attornyes for the towne of 
Guilford, entreth an action against Mr. John Ceffinch of New- 
hauen, for certaine rates due vpon a lott wh the saide John 
Ceffinch houldeth at Guilford, but refuseth to paye them, 
thoughe they haue l)ine demanded of hime. Mr. Ceffinch 
saithe that he knowes not that he owes the towne of Guilforde 
any thinge for rates, for they haue had the vse of his lancle. 



372 NEW HAVEN COLONY EECORDS. [1647 

Mr. Leete answered that it is true they vsed some of his 
land, but that was to satisfye rates towards minesters main- 
taynanc, according to an order of courte made in Guilford 
tlie ^ , w^'h was, that if any remove, and yett hoold 

the right of ther land in ther hands, and will not paye towards 
the minesters maintaynanc, it should l)ee lawfull for the au- 
thoritye of the place to seize the whole or any pt of their 
accommodations, to rayse that pt of the minesters maintayn- 
anc W^h he gave in to paye, and to render the ouerplus to the 
owner, now for this purpose the land hath bine made vse of, 
but not for the towne rates. 

Mr. Ceffinch saide that he treated w^h Mr. Disburowe 
aboute this matter, and tendred tlie land for that yeare for de- 
frayeing of charges, and Mr. Disburowe accepted it, and pro- 
duced Mr. Attwatter for his wittnes, wlioe testifyed vpon oath 
that Mr. Ceffinch tendred to Mr. Disburowe the laying downe 
all his accommodations in Guilford for that yeare for defraye- 
ing puljlique charges, and Mr. Disburowe, thoughe he was 
slowe in it, yett at last saide if yow doe it according to towne 
order we cannot refuse it. 

Tlie plantiffe saide that they dissiered to hould to that, that 
if it was laide downe according to order they will accept it, 
but that it was not, as apeares by the order which was read in 
courte, a copie whereof Mr. Ceffinch had from Guilfordc. 

The plantiffe and deffendant being demaunded had no more 
to saye. The court proceeded to sentenc, w^h is that the 
deffendant for want of proofe is cast, and must paye the rates 
to Guilford w'^h is due for his lott their. 

Mr. Robert Newman presented into the courte the invcnto- 
rie of the estate of M'is Wilkes deceased. 

Mr. Goodyear and Mr. Evanc were dissiered by the courte 
to prise some goodes w^h were attached of Joseph Godferics, 
and if Mr. Malbon put in securitye, he hath libbertie to sell 
them. 

[209] II Mr. Evanc attornye for ]\Ir. Daniel Peirse, merchant, 
cntreth an action against Thomas Moris for takeing awaye a 
flote or staye of Mr. Peirses and not returning it againe, but 



1647] NEW HAVEN COLONY RECORDS. 373 

it is lost. And allso for damadge w=h the saide Daniell 
Peirse hath or maye sustaine for want of it. 

Thomas Moris saide that Mr. Pery dissiered hime to fetch 
the flote, bnt hee answered hime tliat he wonld not, and he 
might send his owne men for it, for if any damadge came, if 
he fetched it, it would be laide vpon hime, but Mr. Pery was 
very importunate w^i hime, & tould hime that they would 
beare hime harmlesse, so by much perswasion, he and John 
the Duchman fetched it, and when they had done w^h it, he 
tould Mr. Pery they must take care of it, and he and Gren- 
feild Larebe saide they would doe it as Mr. Chadwell can 
testify e. 

Mr. Chadwell testifyeth vpon oathe that being aboarde the 
Phenix when the worke was neare done, he heard Thomas 
Moris aske Mr. Larebe what course they would take w'h the 
staye, for Mr. Peirse would haue need of it, he knew not how 
soone; Mr. Larebe answered that they would take care to 
haue it made fast and secure till y^ river was cleare, that it 
might be caried into it place ; the like passadges was w^h Mr. 
Pery, and Mr. Perys answer was the same. He asked them 
why the lighter men tooke it aivaye and caried it to the old 
shipp side, they said that that was the secuerest place it could 
be laide in, till the river was cleare. This they saide both of 
them, thoughe apart, two or three times. 

The courte considering the premises saw cause to judge that 
the damadge must fall vpon Thomas Moris, yett Mr. Pery and 
Mr. Larebe will be lyable to make hime just satisfaction, ac- 
cording to the proofe he can make, and the court advised 
Thomas Moris to make Mr. Peirse another flote, and the plan- 
tiffe declared himselfe willing to accept it, so it might be 
readye by the midle of the next weeke, and Thomas Moris 
being incouradged by some help that Mr. Chadwell & Mr. 
Peirses carpenter, and some matterialls w^h Mr. Goodier & 
Mr. Malbon promised to afford, promised to make one. 



374 NEW HAVEN COLONY RECOBDS. [1647 

A Generall Courte the 8^^ day of March, 1647. 

The Governer acquainted the courte that the millitarie offi- 
cers, according to their dissire, had considered how the watch 
might be caried on for more ease to the towne then formerly 
it hath hine, and thinke that foure men w'hout a master maye 
serue in a night, (leaning extraordinarie occaisons to other 
considerations as the courte hath before provided.) These 4 
men to carye on tlie watch in manner as followeth, They are 
to be all at the watch-house an houre and a halfe after sunn 
sett, w^h their armes compleate, according to the former order 
for the watch ; and the 4 seriants in their course, are to come 
to the watch-house every night, to sett the watch and give 
them ther charge; and allso that they come at some other 
times, to see that the watch doe ther duty faithfully, one a 
weeke at tlie least, leaning the sett time to thcmselues. 
These 4 men are to walke the rounds, two one pt of the night 
& two the other pt of the night. And whille two are walke- 
ing, the other two to keepe sentinell in ther course, leaning 
other circomstances to he ordered by the discretion of the 
seiiant, as, wheither they shall walke halfe the night at one or 
no, and the like ; and the seriants for their faithfull discharge 
of this trust are freed from watching in their owne psons. 

After some debate aboute this matter, the courte agreed 
and ordered that till they see some inconvenienc arise by it, 
the watch be caryed on in this manner. 

It was propounded wheither the men at the farmes should 
not watch in the towne, allso concerning the deacons and dep- 
uties for the courte, and seamen. 

For the farmes it was answered, that they are by an order 
of courte to watch, vnlesse it be in a time of danger, and then 
they are to keepe watch at home. 

For the deacons it was voted that they be wholly freed, and 
likewise for the deputies for the time being. And for seamen, 
if they were indeed seamen, and such as had no estate in the 
towne to be preserved, they be freed, but if they have estate in 
the towne then they are to find a watchman, thoughe they 
watch not in ther owne persons. It was further ordered 



1647] NEW HAVEN COLONY RECORDS. 375 

that Mr. Pell, Mr. Westerhouse and Mr. Auger be freed from 
watching.* 

It was propounded wheither psons that are aboue 60 yeares 
of age should be freed from watching. It was ordered that if 
they be such as haue estate in y^ towne, thoughe they be freed 
in their owne psons, yett they must find a watchman. All 
others, not exempted by publique place, to watch. 

William Judson and John Brockett propounded that they 
might be freed from watching, but the courte sawc no cause 
to grant it. 

The Gouerner dissiered the seriants that they would be 
carefull to looke to their squadrons vpon the Lords dayes, that 
all they w'=h transgrcse the court order maye be presented, 
that so all show of parallitie maye be avoyded. 



[210] Att a Generall Courte the 23th of March, 1647. 

The Gouerner acquainted the court that those whome they 
appointed to consider of the absent lotts had done it, and finde 
the charge w^h is vpon them by fencings & rates, to be very 
highe ; and allso that the lotts are not of an equalle goodnesse, 
hee therfore dissiered to knowe ther minde, wheither they will 
expect or require all the rates, or abate any pt, and howe 
much. And wheither they will grant any of them freely to 
some psons for publique respects, and wheither they will now 
consider and dispose of the matter themselues, or chuse a 
comittee to whome they will refer the wholle matter. 

The courte considered the propossition, and agreed to chuse 
a committe. And the persons chossen are the magistrates, 
elders and deacons, the treasurer and on oute of each quarter, 
viz*! . 

Francis Newman, for Mr. Eattons quarter. 

Richard Myles, for Mr. Goodyears quart. 

Henry Lindalle, for Mr. Lambertons qurt. 

John Cooppr, for Mr. Newmans quart. 

* Probably because they practiced medicine. For some account of Mr. Pell who 
had been a surgeon in the Pequot war, and from whom the town of Pelham takes its 
name, the reader is referred to Bolton's Hist. Westchester County, i. 521. 



376 NEW HAVEN COLONY RECORDS. [1647 

John Clarke, for the subverbs. 

Mr. Crane, for Mr. Malbons quarter. 

Mr. Evanc, for his owne quarter. 

Mr, Gibbard, for Mr. Wakemans quart. 

Mr. Ceffinch, for his owne quart. 
Livetenant Seely, for the subverbs where he dwellcth. 
To these or the maior pt of them agreeing, the courte gives 
full power to dispose of the absent lotts, w'h what aV)ate- 
ment of rates or fencing or publique respects they shall see 
cause. Allso to consider and reserve what lott they shall see 
meette & most commodious for a coUedg, w'^h they dissire 
maye bee sett vp so soone as their abillitie will reach thervnto. 
The Gouerner acquainted the courie that brother Andrewes 
had bine w'h hime aboute keepeing the ordinarie, and is willing 
to keepe it if he could see a waye howe hee might be able to 
provide things at the best hand in season. He thcrfore pro- 
pounds that the towne woulde buy his house, house lott and 
land, & make hime such paye as he might buy provissions in 
season at best hand, and he will live in it & paye them rent 
by the yeare till he can provide himeselfe of another house, 
convenient and nearer the watter side for this purpose, and he 
will reffer the pric to indifferent men to judge. The gouerner 
asked the courte if they woidd not chuse some to consider w^h 
bro : Andrewes of this matter, and they agreed to doe it, and 
chosse Richard Myles, Henry Lendalle, Thomas Munson, Jer- 
vic Boykine, Francis Newman and John Cooper as a committe 
to consider of it and make reporte to the courte as they should 
finde cause. Further William Andrewes propoundes that he 
might have some part of the Oystershell feild for a pasture for 
strangers horses and some medowe ground w^h lyes conven- 
ient to gett haye for strangers horses in the winter, all which 
vpon the isue of the former matter, the courte would consider 
further oif. 

It is ordred that if any cattle be found in any corne feild or 
other severall ground where they are not to come, the owner 
shall paye 5'' a heade, (l)cside damadgc,) wherof 1*^ is to the 
pounder if they be pounded, and 4^ to hime that bringes them 



164T] NEW HAVEN COLONY RECORDS. 377 

forthe, either home or to the pound; and for horses it is 7'' a 
pec, Id to the pounder & Q'^ to hime that bringes them forthe. 

Henry Lindalle was chossen in the roome of Anthony 
Tompson to joyne with them that are appoynted to view that 
land for Mr. Goodyeares and Mr. Wakemans quarters. 

It is ordred that every cooper w^iin this plantation shall 
take care that he make his ware tight and good, and full for 
gadge, and shall sett his burned marke vpon it that his ware 
maye bee knowne, and allso the just gadge, howe much it 
holdeth, w^h is to be as followeth; the hogshead 64 gallons, 
but not lesse then 62 ; the halfe hogshead or quarter caske, 
32 gallons, but not lesse the 30; and the barrell 48 gallons, 
but not lesse then ^ . Thesse to bee all marked as 
they will hold vpon tryall, and no otherwise. 

Captaine Malbon acquainted the courte that the watches 
were made vp, but he finds that sundrye old men and seamen 
find themselues agreived that they are put into watch, tlier- 
fore wheither the courte will not spare them, but it was 
respited. 

Mr. Robert Newman propounded to the courte, that thcr 
quartr and the next wher Mr. Ceffinch lives, dissires that 
they might have on third pt of ther land w^hin the two myle 
exchanged for so much at heither end of the playnes, because 
that on the hill is so stony they cannot plant it, and yett is bet- 
ter for pasture then y^ plaine. The courte considered of it 
and chose Mr. Malbon, Mr. Wakeman, Mr. Crane and Leiv- 
tenant Seely as a committe to view and consider of what they 
propound, and howe it may stand wUi the towncs convenicncy 
or inconveniency, and to make report backe to y*^ courte. 

It is ordered that every man shall attend the putting his 

cattle that waye his land lyeth, and if any putt any vpon any 

common where he hath no land lye, he must take care that 

they maye so goe vnder keepers as that they maye not come 

vpon other mens land to doe them damadge ; if they doe, they 

are to be pounded & the owner to answer it at the pertickuler 

courte. 

48 



378 NEW HAVEN COLONY RECORDS. [1648 

[211] A CouRTE THE 2th qf Maye 1648. 

Thomas Hogge was warned to the coiirte for not comeing 
to watch on night the last weekc in Aprill, but it apeared lie 
had not suflficient warning, so it was passed by. 

Richard Spery was complained of for not comeing to watch, 
but Mr. Goodicr answered for hime that when he was neare 
comeing from the farme they wanted an oxe, the neager said 
he was sicke & left in the woods, so he was faine to goe forth 
to seeke hime least lice should be lost. 

Jonathan Marsh was complained of for not comeing to 
watch, he saith he vnderstoode not the warning, for it was in 
the night when he was asleepe, but because William Eussill, 
whoe warned hime, was not in courte, it was respited. 

Old Goodman Willmote and Samuell Marsh tooke the oathe 
of fidellitie. 

James Byshopp was complained of for not comeing to watch 
but it appeared he had not warning, thoughe he was carefull 
to inquire after it, so it was passed by for this time. 

Mr. Goodanhouse was complained of, and John Fisher, Mr. 
Westerhouse man, for not comeing to watch. They made 
ther severall excuses, w*=h for this time, seeing they were stran- 
gers, the court accepted and passed it by, they promising for 
time to come to attend the servic more carefully. 

William Paine was called to make proofe of the charge he 
made against Seriant Munson. Hee saide it was not his intent 
to charge Seriant Munson w'h partiallitie. The Governer 
told hime he charged it so as it must be partiallitie or grose 
negligenc. He produced William Gibbins, whoe saith that he 
tooke notice that some came late, as Henry Lindalle, Allen 
Balle, Goodman Lampson, William Blayden ; but it is long 
sine, and he cannot tell wheither they were complained of or 
no. John Halle saith he sawe Goodman Lampson and Henry 
Lindalle come late, but wheither they payde for it or no he 
cannot tell. William Paine saith that Thomas Moris came 
w^hout armes, and Edward Campe. William Holt saith so 
allso. Seriant Munson saith he tooke not notice that they 
came wUiout airmes, and wheither it were not vpon some day 



1648] NEW HAVEN COLONY RECORDS. 379 

that he was absent, for he was 2 or 3 dayes justly hindred last 
summer. And for Henry Lindall and Allen Balle, they were 
not in his squadron. William Payne was tould he had not 
carried it well, for he should have told the seriant of it before, 
and not lett it passe till he was complained of himselfe, and 
then in this distemper to declare it, it did not savour well, but 
he said he was sorey for it. Seriant Munson was told y*- the 
court judged hime faithfull in his trust, yett it had the appear- 
anc of negligenc, but they hoped this would be a warning, 
and so passed it by. 

Mr. Evanc tendred an account betwixt Henry Gibbines and 
Mr. Trobridg, wherin it appeared Mr. Trobridg was debtto"" 
to the said Henry 20^ 05^ 05<^, yett because he is not able so 
fully to cleare the ace" as to make oathc it is so much, some 
paprs being lost, he is content to accept of 10^ as full satisfac- 
tion, and that, he dares take oath, is due to hime at 
least. 

Mr. Crane allso demaunds 10^ from the same estate of Mr. 
Trobridg, W^li Henry Gibbins saitli was due to hime from his 
master, but being asked if he could make oatlie of it, he was 
at a stand, but they were wished to prepare accounts more 
perfectly against the courtc of magistrats. 

Mr. Robert Newman, as M^i^ Wilkes her cxecuto'', hath 
sould and passeth oner to Robert Bassett the house and home 
lott of M'is Wilkes, w'h what ground aboute the house was 
granted by the townc to Mr. Wilkes. The price, 40^, that is 
30^ for the house and 10' for the garden or orchyard. He to 
take the house w'houte repaires, as it was prised by William 
Andrewes and Thomas Munson ; and what repaires hath bine 
done sine it was prissed, he to paye it beside the 40'. He is 
to paye the one halfe, that is 20', betwixt this and the 29''' of 
September next, and the other 20' at or before the first daye 
of Maye next. This paye to be made in corne, cattle or 
wamppome. 

John Halle challenge th something of M^'s Wilkes estate 
as a legacy given by Mr. Wilkes to his wife, but it was 
respited. 



880 NEW HAVEN COLONY EECOEDS. [1648 

An inventorie of the estate of William Balle deceased was 
delivered into the courte, and ordered to be recorded.* 

Mr. Samuell Goodanhouse complained of ^ , a 

Duchman W^h is servant to Mr. Henry ^ and was 

prepareing to rune awajc from himc, for he had gathered 
many things together for that purpose as himeselfe confeseth. 
One before he did run awaye as farr as Farcfeild but was 
stayde and sent backe by Mr. Ludlowe, and was Ijrought be- 
fore the governor heare and promised amendment, but yett 
returnes to the same course againe. He leaues it w'h the 
courte, dissiering them to showe what favoure they maye. 
The courte considering this delinquent had had warning 
before and promised amendment, and yett now returnes to the 
same euill againe, ordered that he should be whipped, yett 
w'h some moderation, seing he is a stranger, and his govern- 
ors whoe susteyne the damadge dissire it. 
[212] II The marshall tould the courte William Wooden had 
neglected his watch, and by hime sent this answer, that that 
night he was not well and gott another to watch, whome he 
conceives promised hime, but he deceived hime and tlie watch 
was neglected, so he loaucs it to the courte. Tlie court 
agreed that William Wooden be warned to the next courte to 
give his owne answer. 

Joseph Gernsye was complained of for want of amies, but 
he not being in courte himselfe, but sent his answer by the 
marshall, it was respited. 

Mr. Theophilus Higenson propounded to the courte that 
Edward Chiperfeild owed hime xx% he dissiered the lielpe of 
the courte, that he might have it ; he was told when the 
estate is sctled then the debte muste bee proved, and till 
then it must be respited. 

* "An inventorie of the estate of William Ball taken the 30''' daye of the 2''' inonetli 
1648. £13. 0. 9." by Joshua Atwater and Thomas Kimbcrlye. 



1648] NEW HAVEN COLONY RECORDS. 381 

Att a Generall Court the 22fh of Maye 1648. 

William Jeanes was admitted a member of this court and 
tooke the freemans charge. 

Mr. Wakeman and Mr. Crane were chossen deputies for the 
jurisdiction generall court. 

Mr. Gibbard, Mr. Crane, Richard Milles & Francis Newman 
were chosen deputies for the plantation court of Newhaven 
for the yeare ensuing. 

Mr. William Gibbard was chosen treasurer for Newhaven 
for the yeare ensuing. 

Francis Newman was chosen secretarie for Newhaven for 
the yeare ensuing. 

Thomas Kimberly was chosen marshall for Newhaven for y^ 
yeare ensuing. 

The Governor propounded to the court that they would con- 
sider something aboute the watches, for it is found that as it 
was last setled ther is inconvenienc in it, because y^ warning 
of the watch is so late that it makes disturbanc in mens fam- 
ilies when they are in bed. The court considered of it, and 
for prevention ordred, that the foure watchmen w^h are to 
watch, come to that sariants house wher they shall be ap- 
pointed, halfe an liouer after sunn sett, vnder the penalltic for- 
merly setled ; and the first two that come, the sariant is, 
(haveing given ther charge,) to send pi'scntly forth to warne 
the next watch, and so to walke the rounds in ther course as 
before ordred. The other two haucing ther charge from the 
sariant, are to march to the watch-house, keeping the court of 
gaurde, and takeing ther turne to walke the roundes as bee- 
fore ordred. And if it fall out that one or more be absent at 
the time appointed, the sariant hath power from this court to 
goe and take, to supply his p^sent watch, out of that watch 
w^^h should watch the night following, and they w^h should 
haue watched shall paye halfe the fine for late comeing to them 
that watch in ther roome, and thoughe they come after, yett 
shall returne home againe and watch for them the night fol- 
lowing. 

John Meges is freed from trayning because he is lame, and 



382 NEW HAVEN COLONY RECORDS. [1648 

from "watcliing in his owne person, provided that he hire a 
man to watch, that the sariants shall approve of. 

Thomas Moris because of his occaisions abonte watterworke, 
\i^h, by reason of the tide, is sometimes late at night, (vpon 
his desire,) is allowed to hire a man to watch w<=h the sariants 
shall approve of. 

It is ordred that those farmers and their covenant servants 
W^h have no estate in the towne, are for the pi'sent, till the 
court see cause to alter it, freed from watching. 

Mr. Goodyeare, because his farme is allone and farr from 
the towne, hath two men freed from watching. 

David Atwater, Richard Mansfeild, is to finde each of them 
a man to watch at the towne in regarde of tlier house lotts 
heare. 

Mr. Goodanhouse farme is respited till the court more fully 
vnderstand from him whcither it is Ictt or no, and how, but 
his men arc to watch in the meane time. 

It is ordred that the Necke be driven this afternoone, and 
what catle are found that transgrese the order, are to he 
pounded or driven to some yard, and the names of the own- 
ers and the number of the catle given to the governor. 

John Meges was chosen clarke for ye trayne band of New- 
hauen. 

The officers for the artillary chosen this yeare was p''sentcd 
to the court, viz^^. Robert Seely, Captaine, William Andrewes, 
Leivtcnant, Mr. Chittcndine of Guilford, John Nash, William 
Fowler, Richard Beckly, Sariants. Henry Lendalle, Ensigne. 
Richard Myles, Clarke. 

Samuell Whithead is chosen collecto'' for the colledge corne 
for this yeare, in the rome of Anthony Tompson deceased. 

The Governor propounded to the court to know wheither 
they thought it convenient and would allow, that two or three 
house lotts in the towne should be laide into one, by w^h 
meanes the number of planters is deminished and the towne 
weakened, and many other considerations ; allso wheither 
they thinke it not meete, that every house lott in the towne 
finde a watchman, thoughe ther be no house or no bodey 
dwell vpon it. The court thought it worthy of consideration 



1648] NEW HAVEN COLONY RECORDS. 383 

and refered it to the magistrats, elders and deacons, and the 
deputies for the court, as a committee to consider and deter- 
mine of it. 

It was propounded wheither seamen should watch, but after 
much debate and yett no issue, the governor was desired to 
Wright to the governor in the Baye to know what they did 
ther aboute it, and then the court will consider of it againe. 

[213] II The Governor acquainted the court the heares 
ther is some families in the towne want releife, as widdow 
Knowles, widdow Halbich ; the ordred that M' Gilbert & Mr. 
Wakeman joyne w'h the treasurer to consider of their state, 
that they be not put to extremity. 

Lancelot Fuller desired the court that they would grant 
him a pec of land to sett a house vpon, vpon the banke side 
by the creeke, betwixt M'i^ Lambertons house and Sariant 
Jefferyes. The court chose Mr. Goodyeare, Leivtenant Seely, 
Jasper Crane & Francis Newman to veiw & consider of it, & 
report backe to the court how they Undo it. 

It is ordred that order for killing old wolues and foxes w<=h 
allowed 15« for a woolfc, and 2^ (j'l for a fox be againe in fore ; 
but for younge woolues or younge foxes it is but halfe the 
price. 

Mr. Malbon acquainted the court that those whoe were 
appointed to veiwe Mr. Newmans quarter haue don it, and 
find not but the towne might grant the exchange, if ther could 
be a convenient way found to that they would part w^h, but 
that not yett appearing, it was respited. Allso that those tliat 
were appointed to veiwe one the west side for Mr. Goodyeares 
and Mr. Wakemans quarters, beyonde Mr. Malbons meddowe, 
haue done it, and hnde nothing but, if they desire their land 
their, the towne maye grant it w^hout inconvenienc to them- 
selues. 



[There was a General Court for the Jurisdiction held on the 31st of Jlay, 1648, as 
we learn from the MS. Records of the United Colonies, (Hazard erroneously gives the 
date as May 3d.) The time for the election of officers for the jurisdiction had been 
changed from October to the last Wednesday in May, probably at the preceding ses- 
sion. At this time TlC^^Jidlus Eatou and John Astwood were chosen commissioners.] 



384 NEW HAVEN COLONY RECOEDS. [1648 

A Court pield at Newhaven the G^'j of June 1648. 

John Moss passeth oiicr to Richard Beech 1 ac, 1 quarter &, 
14 rod of meddowe, lying in the west meddowc, one end abut- 
ting on the West River, the other end runing into a cove in 
the vpland, betwixt the meddowe of Richard Beech & James 
Russell. 

William Blayden was complained of for not appearing at 
the last generall court, he sayd he heard not the drume nor 
knew tliat their was a court, and sayd he could take liis oath 
of it. The court, seing they could not prove it, past it by. 

Mr. Cheffinch declared in court that he approved of his 
brother Thomas Ceffinch his will, and accepted of the execu- 
to''ship, and p''sented an inventorie of the estate of the sayd 
Thomas Ceffinch in court, amount to 3431 00 : 00. prised by 
Josua Atwater & Samuel Ceffinch, the 6'^ of June 1648.* 

Joseph Gernsey was warned to the court and appeared, and 
was complained of for want of amies. He made his excuse 
that he was poore when he came out of his time, & sine he 
hath intended to goe to sea, so hath neglected it, but was tould 
that these excuses would not serve, for though he was poore 
or went to sea he must have armes. For this neglect he was 
fined 5% & if he be not provided in a moneth, it will bring a 
greater fine vpon him. 

Leivtenant Seely, as sealler of leather for the towne, com- 
plained that he saw some leather a dressing that was not seal- 
led nor fitt to be sealed ; he inquired whose it Avas, the currier 
sayd some of it was Abraham Dowlitles, some John Chidseys, 
some Jn° Gregoryes. Jn" Megs had none their, but he saw 
a pare of shooes w^h came from him wh was made of leather 
gren and horney, neither sealed nor fitt to be sealed, w^h was 
but of the threes, yett the pric 2^ 8^ or 2^ 10^. 

John Gregory answered that his leather was sealed as much 
as he thought necessary, before this last order was made ; he 
was told it was not sealed at all, but onely cuttfor tryall; and 



* In the margin, "At a court y^ 4"' Septm. 1649, ye i»^^ie was proved bye oath 
of y« prisors for y' vailew & by y'= oath of y*" executor for y' quantitie." 



1648] NEW HAVEN COLONY RECORDS. 385 

by that cutting it appeared not fully tanned, so not fitt to be 
sealed, and that before this last order he sealed or marked 
other mens hides w^h N. H. w'li a knife, besides cutting them 
for tryall ; that if he had thus sealed or marked this leather, 
it had bine a double fault, in makeing faultie leather into 
shooes, and in falsifying an office trust, sealing that w<^h 
should not be sealed. But ho was further told that this 
leather was not sealed, and the last order reached all vnscalcd 
leather in any mans house or custody, then he sayd he thought 
the sealer should have come to his house to inquire after 
vnsealed leather ; he was told it was no part of the sealers 
worke, they that had vnsealed leather ought to speake or send 
for them, and so it was generally vnderstood, and others did 
send for him, & Mr. Malbon was instanced in ; then he sayd it 
was his ignoranc, but that satisfyed not. Lastly it was con- 
ceived that from Abraham Dowlitle or John Chidsey he vnder- 
stood that Leivtenant Seely had found faidt w4i his leather, 
as neither sealed nor fitt to be sealed, and yett he had wrought 
it out, or pt of it, into shooes, W^h beside the injury e to the 
buyers, seemed a contempt of y^' authority by w^h the order 
was made, this he acknowledged not, whervpon his miscar- 
iage was respited till Abraham Dowlitle and Jn" Chidsey, 
(now abroade,) come home. 

John Meges being questioned for the shooes he made of 
faultie vnsealed leather, and perticulerly for a pare sould to 
Moses Wheeler, pretended ignoranc that leather in mens 
houses should be sealed. He acknowledged himselfe had 
curryed a pec of leather which he had in the house, thoughe 
he knew it was both vnsealed and horney, not tanned. He 
acknowledged that vpon Moses Wheelers importunity he had 
made him a small pare of shooes of that leather ; what pric 
he tooke for them he remembers not, but hee intended if 
Moses Wheeler should after complaine of the shooes, to make 
satisfaction. The court remembering what had formerly 
passed betwixt Goodman Megs and old Goodman Gregory, 
and that at another court sine, Goodman Meges of his owne 
[214] accord had acknowledged ||his sinnfull miscariage, in 
makeing and selling deceitfull shooes, w^h such appearanc off 
49 



386 NEW HAVEN COLONY EECORDS. [1648 

an iuAvarcl conviction, and suitable sorrowe, that all or most 
that heard him inclined to satisfaction, was deeply offended at 
this passage. Hoav many shooes John Meges hath since made 
and sonld of such faultie vnsealed leather they know not, but 
in this one paire severall evills appeare. First contempt of 
authority in breaking an order wherin himselfe w'h others had 
bine advised w'h and had approved it. Secondly, continewed 
vnrighteousnes in selling a small paire of shooes made both 
vpper leathers & soales of faulty leather at so highe a price, 
not acquainting the buyer w'h any defect, or purpose of any 
rcstctution if the shooes proved bad. Thirdly much appear- 
anc of guile in his late repentanc, returning so soone to the 
same sinn for w^h he had volluntaryly and publiquely judged 
himselfe. Wherfore reserving libber tie to themselues to lieare 
and consider any other mans complaint against Goodman 
Megges for selling such faultie shooes, Avhen any such shall l)e 
brought, the court, for this miscariage, agravated by the fore- 
named circumstances, ordered Goodman Mcggs to paye twenty 
shillings to the towne as a fine, beside due satisfaction to 
Moses Wheeler when it shall be required. 

John Jackson, Bcniamen Willmot & Thomas Yale Avere 
complained of for not comeing to watch, but it appeared they 
had not seasonable warning, and it was before the watches 
were setled in their course, therfore the court for this time 
jjast it by. 

Francis Hall was warned to the court and appeared, and 
was complained of for refusing to Avatch himselfe, and for 
counselling others to refuse it allso, Av'^h cariage holds forth 
contempt and a riseing vp against the authority of the place. 

Francis Hall sayd he spake some words to Seriant Fowler, 
but he intended no such thinge. Seriant Fowler sayd he sent 
Francis Hall word to come to watch one the third day at night, 
but he came not, nor any for him, so he hired a man to watch 
in his roome ; the next day he mett w'h Francis Hall at Mr. 
Evanc his house, and told him he should have attended his 
watch, but he hired one to watch for him, and bid him either 
paye him or watch for him againe, but he answered he would 
doe neither of them, and was verey stiffe & peremptory, and 



1648] NEW HAVEN COLONY RECORDS. 387 

though Mr. Evaiic and Robert Martin both perswaded him, he 
would not harken. 

Mr. Ling sayd that John Jones his farmer told him that 
Francis Hall dishartened him from watching, saying they 
should all fare y better if he, the sd Jn^ Jones, went not to 
watch. Francis Hall seemed to fall vnder it, & saide he rath- 
er beleived Seriant Fowler then himselfe, and doth allso beleive 
what Jno Jones saith, and submitts to the courte. 

The court considered the cariage of Francis Hall, and saw 
it contempt of authority w4i a disrepective cariage to the 
seriant in his place, and such counscll gave to others w<^h as 
in the nature of it tendes to disturbanc in the commonwealth, 
therfore ordered that Francis Hall paye as a fine to the towne, 
twenty shillings. 

Richard Myles and Rogger Allen were appoyntcd to prise 
the estate of William Ives deceased. 

Richard Myles, William Tompson & Mathcw Camfeild were 
appointed to prise and vallew the estate of Anthoney Tompson 
deceased. 



A Generall Court the 3''' of July, 1(348. 

Thomas Moris was admitted a member of this court and 
received the freemans charge. 

Mr. Gibbard being chosen the last court. Treasurer for 
Newhaveu for a yeare, did now desire the court to make 
choise of another, for he was not fitted w'h abillities to carie 
one that worke to the townes satisfaction nor his owne, l^ut 
would rather submitt to a fine and be spared from the place. 
It was propounded to the court wheither they would free Mr. 
Gibbard according to his desire, but the court did againe con- 
firme ther former choise, judging him a man meete and fitt 
for that place, and voted that Mr. Gibbard be treasurer for 
Newhaven for the ensuing yeare. 

The Governer acquainted the court that the heardmen 
have complained to him that y^ dry catle, as oxen and steeres, 
do so trouble their hoards that they know not what to doe w'h 
them. It was therfore propounded wheither the court would 



388 NEW -HAVEN COLONY RECORDS. [1648 

not make some order to p''veiit it, w^ii the court considered 
how to doe, and ordered that if any dry catle or oxen be found 
in the cowes walke to trouble the heards, the owner of them 
paye 3^^ a head, beside poundage if they be pounded ; and if 
any quarter or quarters shall agree together to di-ive out their 
catle or hire a keeper, and any refuse, they haueing had sea- 
sonable notice therof, the pticuler court shall judg of their 
miscariage, & order them to paye and beare charges w^h their 
neighbours, according to their proportion. 

The planters one the west side of the towne desired they 
might haue libbertie to fence in the oxe pasture laid out 
neare the towne, to keepe their oxen in, and some ppounded 
that that pt next the towne might be lett out to be planted for 
some yeares. The court considered of the propossition and 
ordered, that some be appointed to speake w^h the planters in 
the towne, to see if their may l)e such an exchange made be- 
twixt those one the east side of tlie towne, & those one the 
west; the one pt relinquishing their right in the Necke <fe 
takcing it whollye in the Oxe pasture, the other Icaveing their 
right in the Oxe pasture, and takeing it wholly in the Necke, 
and then, if their be a considerable number that will plant, 
they maye, as they shall agree, fence in some for that purpose, 
provided that they abridge themselucs of keepeing ther. Mr. 
Gibljard & Richard Millcs were appoynted for that side of the 
towne, and Mr. Ling & Mr. Ccffinch for the other side ; that 
is Mr. Batons qr., Mr. Malbons, Mr. Newmans, Mr. Ceffinch 
& the sub verbs on the other sid the east creeke, that so the 
matter might be prepared for another court. 
[215] II William Andrcwes and Thomas Munson were de- 
sired to veiw the pillars of y« meeting-house, that any decaye 
in them maye bee timely discovered and pi'vented. And the 
like was allso desired of William Andre wes for/o the Necke 
bridge and the West bridge. 

It was propounded to the court wheithcr they would have 
George Laremore the miliar watch. The court considered of 
it, and seeing it falls out so that some time he is faine to sitt 
vp at mill to supply the towne w'h meale, therfore ordered 
that he should be freed from watching. 



1648] NEW HAVEN COLONY RECORDS. 389 

It was allso propounded to the court wheither they would 
free Robert Bassett the drumer, from watching, but the court 
ordered that he be not freed, but that hee watch as other 
planters doe. 

Captaine Malbon propounded to the court that the cullers 
bought by the artillary company, w'^h have bine allso vsed in 
the towne traynings and received some damage therin, might 
be payde for out of the towne stocke and be the townes cullers, 
and lett the artillary have the vse of them in their traynings, 
seeing the townes good is promoved therby. And it was 
ordered that they be so payde for and vsed. 

Veiwers chosen for the fences for the yeare ensuing are as 
folio we th, 

Mr. Gilbert and John Walker for Mr. Batons & Mr. Malbons 
quarters. 

Mr. Ling and Robert Hill for Mr. Newmans & Mr. Ccfhnches 
quarters. 

William Fowler & Henry Gloucr for Mr. Gibbards quarter. 

Henry Lendall, Thomas Mitchell for Mr. Goodyeares 
quarter. 

Phillip Leek, Thomas Lampson for Mr. Lambertons quarter. 

John Moss, Mathias Hitchcocke for y" subverbes. 

Thomas Bcament, Henry Pccke for the playnes. 

Francis Browne, Matliew Moulthrop for Oyster-shell-feild 
till y*' corne be out. 

Thomas Bcament was chosen scalier of leather in the roome 
of Robert Preston deceased, and tooke oath that he should 
deale faithfully to scale all leather according to the order w^h 
hath bine made, according to the best of his light. 

William Andrewes desired the court to provide some other 
to keepe the ordinary for he was not able to carie it one, w^h 
they tooke into consideration. 

Thomas Moris propounded to the court that himselfe and 
others imployed aboute vessells as carpenters might be spared 
from trayning, because some time many mariners av^Ii are 
vnder paye attend vpon them, wherby the pric of commodities 
is raysed. The court saw no waight in the argument & ther- 
fore granted it not. But what workemen are imployed as 



390 NEW HAVEN COLONY RECORDS. [1648 

carpenters aboute the great ship, when it is in hand, are 
spared from trayning for that time till she he ready to goe 
forth. 

Jonathan Marsh desired he might have libbertie to sett vp a 
shop to worke in on his trade, vnder the banke side next the 
watter before his house. The court reffered it to be veiwed 
by Leivtenant Seely, Jasper Crane, Thomas Munson, and 
Francis Newman, and to report to the governor how they 
finde it, who is to graunt or deney as he shall see cause. 



A Court held att Newhaven the 4t'> of July, 1648. 

Samuell Whithead, John Moss, Rogger Allen and Thomas 
Lampson were complaind of for being absent at the generall 
court when the names were read, they made their excuse that 
their cowes were lost the Saboth day before, and they were 
faine to goe lookc them, haueing no other to doe it, and Jn" 
Moss further saith that they had loaded goods aboard the 
lighter w^h he app^hended to be in some danger, l)ecause the 
winde was high that morning, and thought it his duty to goe 
and looke after them. The court considering that the case of 
them all is oxtreordinary, <fe could not be p'vented before, 
past it w'hout a fine for this time. 

John Hall was complained of for absenc at a generall court, 
he sayd he had no warning, & went out in the morning before 
the drum bcate, & knew of no court. William Holt was com- 
plained of for the like tt gave the same answer, for he was 
wHi John Hall. For both the court past it w'hout a line. 

William Bassctt was complained of for not bringing his 
amies to y^ meeting on the Saboth day w^h was his squadron. 
He answered that he was changed from one squadron to 
another, and knew not that it was his day, and when he saw 
it was, he brought them in the afternoone ; l)ut he was told it 
was his neglect who should knowe,but the court findeing it was 
no willfull neglect, agreed that he paye halfe the fine, W^h is 
2«: 6<'. 

Thomas Wheeler was complahicd of for defect in his armes, 



1648] NEW HAVEN COLONY RECORDS. 391 

want of gunsticke, some powder, defective scabbard, wh he 
confeseth, though for his po"" he conceiveth ther was inoiighe. 
For these he was fined 18^, and for late coming to trayning 
w'^h he aclinowledgeth, 12''. He was complained of for 
absenc at a squadron trayning, but he answered he was put 
into a new squadron & had no warning, that was past by. He 
was complained of for comeing late w'h his amies on Lords 
day, but it could not be fully proved, wherfore if he can make 
it appeare he cam before the last drum left beating, as he con- 
ceives he did, the court will consider of it againe, but for p^sent 
it is respited. 

[216] II John Whithcad, servant to Mr. Crane, was com- 
plained of for want of a pine in the lockc of his pec. His 
master saith it was no other defect then hath passed ths 8 
ycares, and could not be mended w^hout a new stocke, and 
the gunsmith sayd it was sufiicient. The court for this time 
past it w^hout a fine, but agreed that it sbould be mended. 

James Clarke was complained of for coming late to a squad- 
ron trayning, & late one Saboth day w4i liis amies. Hee an- 
swered the true reason was because his wife was sicke, w"li the 
court accepted and past it w^iout a fine, but is fined 12'' for 
late comeing in the afternoone one trayning day as himselfe 
acknowledgeth. 

James Clarke was further complained of for absenc vpon a 
trayning day when they showed armes. He sayd Sariant 
Munson tooke him away and he thought he would haue bine 
at court to have cleared him, but it was respited, and the mar- 
shall ordered to warn Seriant Munson to the next court. 

John Hall having at a court in July last, 1647, demaunded 
out of the estate of Mr. Wilkes 10' as a portion promised by 
Mr. Wilkes to his wife, whoe was his servant, as he then proved 
by two witnesses, w^li proceeding were now reade, and fur- 
ther to confeirme the thinge, he now presenteth Jonathan 
Marsh, whoe testifyeth vpon oath that Mr. Wilkes a litle 
before he went to England declared to him that he had prom- 
ised his iiiaide Jeane Woolen, (now Jean Hall,) a portion, 
and made a motion of marriage to him concerning her, and 
if he accepted it he would paye it dowiie ; but he cannot 



392 NEW HAVEN COLONY RECORDS. [1648 

remember distinctly wlieither he sayd it was five pounds or 
tenn pounds. The court considered that it is a case that con- 
cerneth the estate of the deadc, and that Goodwife Hall her- 
selfe is not now in court to answer to any question might he 
propounded, and being desierous that the indenture wherin 
she was bound to Mr. Wilkes might be searched for and sliowen 
in court, therfore it was respited till the next court. 

Mr. Gibljard was fined for defecte in the cocke of his mans 
gunn 6*^, and for want of at least l^ of buUits 2^ 

John Wakefeild was complained of for not bringing his 
armes to the meeting on Lords day when his turne was. lie 
saith i{ was one day when Ids wife was sicke & hindrcd him, 
or elc one day when he kept cowes, but he leaves himselfe 
w'h the court. 

John Thomas was too late wHi his armes one Lords day, the 
reason he saith, was because he had a child sicke and was 
faine to goe to Mr. Pell for something for it. The court judg- 
ing it a worke of mercy and necessary to be done, past it by. 



A CouiiT AT Newhaven the first of August, 1648. 

Mr. Crane and Francis Newman informed the court, that 
wheras ther have bine and still are certaine questions and 
differences betwixt Mr. Davenport and Henry Byshop his late 
farmour, V^h Mr. Davenport would have issued by a private 
arbitration, and for that end hath desired them, one his be- 
halfe to consider the perticulars w^i Goodman Byshop in a 
friendly way & to propound refferenc, but Henry Byshop hath 
euer refused it, saying he would issue his owne matteres him- 
selfe, w^h cariage of his, after three monethes of forbearance, 
constreyned Mr. Davenport to thinke of other meanes ; yett 
after a warrant was written, Mr. Davenport, vn willing to com- 
mence a suit, stayed it, and vpon his request the Governer 
sent for Goodman Bishop and indeavoured to pswadc him to 
a refferenc, but could not prevayle, whervpon the warrant 
was served and Goodman Byshop appearing, the court Avould 
have proceeded, but Goodman Byshop desired respite, because 



1648] NEW HAVEN COLONY RECORDS. 393 

some of his witnesses living out of towns were absent, and 
liimselfe at p^sent vnprepared for triall. He was told that his 
witnesses were not so farr out of towne but they might have 
bine sent for & ready since the warrant was served. Mr. 
Crane and Francis Newman one Mr. Davenports behalfe, 
desired that since Goodman Byshop is no setled planter, but 
maye remove at pleasure, he maye jDut in security to the val- 
lew of 60^ to satisfye and paye what shall be found due from 
him to Mr. Davenport, wheither by sentence of court or arbi- 
tration, and that if it be by arbitration, Goodman Byshope 
chuse men free from just exception. The court aproving the 
motion, propounded it to Goodman Byshop. Goodman By- 
shop desired yt Mr. Davenport might allso putt in security to 
him, and that he might have libbertie to except against Mr. 
Davenports arbitrators. The court told him it was not rea- 
sonable that the plantiff, being a man of place and esteeme, 
and haveing a good vissible estate fixed in the plantation, 
after such meanes vsed to bringe the cause to an issue, should 
putt in security to y^ defendant whoe is like to be found th^ 
debto"" ; but if he could make any just exceptions against Mr. 
Davenports arbitrators, it should be considered. Whervpon 
Goodman Byshop ingaged all the corne vpon Mr. Daven- 
ports farme, wheither in y^ barne or abroade, and one mare 
belonging to him of Mr. Davenports breede, 5 steeres & two 
heyfers aboute three yeares old, and 5 cowes ; all w^h, both 
corne and catle, hee affirmed to be free and vningaged at 
p>sent, and did now in court ingage them to Mr. Davenport, 
by way of security to satisfye and paye whatever shall be 
found due vnto him by arbitrators indifferently chosen betwixt 
them, betwixte this and the next court, or by arbitrators 
chosen for them by the court, or by sentenc, or any other 
waye the court shall order and appointe. 

Robert Bassett a planter in Newhaven, ^ Badger 

boatswaine, Charles Higenson marriner in y^ ship Susan, 
whoe had bine comitted to prison for a late disorder, released 
vpon baile and bound to answer at this court, appeared w^h 
Thomas Toby and foure others whoe came lately from Boston 
to worke vpon the ship hear built. The court was informed 
50 



394 NEW HAVEN COLONY RECORDS. [1648 

that vpon the sixt clay last weeke, after sunn sett, their was a 
disorderly meetting and drinking at the house of Robert Bas- 
set, w«=h continewed, as was conceived, till betwixt tenn and 
eleven of the clocke, whcrin ther was severall miscariages, to 
the great provocation of God, the disturl)ance of y^ peace, 
and to such a height of disorder that strangers wondered at 
it, and Rol)ert Basset himselfe confesed he had not scene the 
like since he came. The manner and pticulars were as fol- 
io weth, 

[217] II Some of the Susans company, after their dayes 
worke was finished, comeing on shore mett w^h the master 
and owner of a pinnace lately come in from Boston, and foure 
of the workemen for the ship builte heare, and John Griffon. 
They we]it into Robert Bassets and called for sacke. He 
told them he might not draw less then tlirce quarts, w^h was 
a most pverse interpretation and aljuse of an order, as if the 
court would further driuikennes, forccing men to drinke more 
then they desired, wheras he should have drawne none at all 
' in that waye ; the order being expressly made and penned to 
suppress such disorderly meetings and drinkings. No man 
w^liout speciall licence being pmitted to sell wine or stronge 
liquours by retayle in small quantities, much less to vse his 
house or cellar as a taverne for company to come in and spend 
their money in drinking wine or stronge liquours ; onely if a 
merchant will drawe out a pipe or pec, he might sell either to 
neighbour plantations or to the inhabitants of Newhaven a 
runlet, case of glases, or by the gallon for his private vse, 
but this company, being in number tenn, (besids Robert Bas- 
set himselfe,) Robert Basset drew them three quarts, and 
after in severall pcells, three quarts more at that sitting, by 
w^h means some of the company, (as appeareth,) dranke 
to excess and distemper, and brake into quarrelling and other 
sinful! miscariages. The owner of the pinnace, in their cupps, 
calling the boatswaine of the Susan, Brother Loggerhead, the 
boatswaine returns threatening language, thenc they grew to 
sideing, pt takcing and chalenging, then the master of the 
pinnace and the boatswaine goeing out of y^ house, fall first 
to wrestling, then to blowes, and theirin grew to that feircnes 



1648] NEW HAVEN COLONY RECORDS. 395 

that the master of the pmiiace thought the boatswaiiie would 
have pulled out his eies, and the markes of the blowes ap- 
peared some dayes after vpon his face ; and in this rage and 
distempr they toumbled on the ground, downe the hill into the 
creeke and mire, shamfully wallowing therin ; and had they 
not bine pted, they might have proceeded to further mischeife, 
for Charles Higenson, distempered as it seemes w'h drinke, in 
a way of sideing wt^h the boatswaine, grew quarrelsome, wher- 
w'h the owner of the pinnace, being affrighted, rann aboute 
y^ streete crying. Hoe, the watch. Hoe, the watch, and the 
watch being then in that pt of y^ towne walking the rounds, 
made hast and for ye p^sent stopped the course of j^ disorder, 
but in this rage and distemper the boatswaine fell a swearing, 
wounds & hart, as if he were not onely angry w'h men, but 
would provoake the highe & blessed God. After they were 
thus pted, the master of the pinnace went to y^ watter side, 
but the season not serving to goe on board, he returned to 
Robert Bassets house, and their the boatswaine fell vpon him 
againe and theirby frighted Robert Bassets wife & child. 
Robert Basset moved therw'h, thrust the owner of the pinnace 
out of dores & told him (as himselfe confesseth,) that if he 
had him in place where he would beate out his teeth, or as 
Thomas Toby, (Robert Bassets witnes,) relates it, he would 
make him sucke as longe as he lived ; which words argue dis- 
temper, and are vsed by drunken companions, so that the dis- 
order was verey great and verey offensive, both to y^ neigh- 
bours, the noyse & oathes being heard to the other side of the 
creeke, and to others who coming theither observed onely 
some pt of their miscariage. And though it be not fully 
proved that Thomas Toby was distempered w^li drinke, & him- 
selfe denyes it, yett he had a share in the disorderly drinking, 
and furthered it by drawing, (as himselfe acknowledgeth,) 
one quart of the wine when they had had two much before, 
W^h was the worse in him, haveing bine one before fined in 
this court for miscariage in drinking, w^h in himselfe and oth- 
ers should have made him more watchfuU against such disor- 
der. 
This sinful! miscariage bemg thus opened, and the pticu- 



396 NEW HAVEN COLONY RECOEDS. [1648 

lars in substanc acknowledged by the pties therin concerned, 
the court proceeded to sentenc, and first finding Robert Bas- 
set guiltie of the breach of a knowne express order of y^ gen- 
erall court, in such selling wine and suffering company to com 
in, spend their money and sitt drinking at such vnseasonable 
bowers, all agravated both by the warning himselfe had in 
John Lawrenson & his wifes case, whoe were fined for a less 
miscariage in strong liquours comitted in his house, and by 
the sinfull efects wh followed vpon this disorderly drinking, 
as quarreling and fighting w^h disturbanc of the peace as 
before expressed, swearing in such a fearfull manner as might 
justly have brought downe the wrath of God vpon the swearer 
& that whole company, frighting his owne wife and child, and 
his owne quarreling & threatening, w^h the spirit and in y^ 
phrase of a man distempered w'h rage or drinke, the court 
ordered him to paye five pounds as a fine to the towne. And 
that ^ Badyard, the boatswaine of the Susan, for his 
distemper in drinking, his quarreling, fighting, and swearing, 
thoughe Mr. Evanc and Robert Martin testified for him that 
his course and cariage hath bine faire & free from swearing to 
their best observance sine his first coming heither till this 
pi'sent miscariage, w^h did mittigate the censure, yett the 
court ordred that he paye to the towne forty shillings as a 
fine, and that Charles Higenson paye 10% and Thomas Toby 
5s. And for y® foure strangers w^h came to worke vpon the 
ship hear built, their being neither proofe nor charge against 
them for excess in drinking, quarreling, or any other miscar- 
iage, save their beeing in company in this disorderly meetting, 
the court onely advised them to take it as a warning against 
all future disorder. 

Adam Nickholls was complained of for not comeing to 
watch, he answered that he had lett his watch for y" whole 
yeare, and he that he hired fayled him. He was told that he 
must answer for his man & require remedy of him againe, for 
w^^h neglect he is fined 5^ He was complained of for come- 
ing late w^h his armcs one Lords day, he sayd that his wife & 
child was sicke ; he was told that if could say that was y^ 



1648] NEW HAVEN COLONY EECORDS. 397 

reason at this time, ther might be something in it, but he 
could not afirme that, whervpon it was reifered to another 
court. 

Henry Pecke & Joseph Pecke were complained of for 
comeing two late w^h their armes on Lords day in y^ morning ; 
they answered that y^ night before they watched & had no 
rest, & when they came home they went to take a litle rest, 
that so they might be y^ fitter for y^ ordinances & not sleepe, 
vpon w^h consideration, for this time, y^ court past it by. 

jVfris Plume and Samuell Plume p''sented in court an inven- 
tory of the estate of Mr. John Plume of Totoket, deceased, 
but because it was not vnder oath of y^ appraisers according 
to ye generall courts order, the court accepted it not, but onely 
kept ye copie, inioyning them to bring in one according to 
order y^ next court, or elc to show just cause why not. 
[218] II John Hall ha^^ng formerly pleaded for a portion for 
his wile of 10^ out of the estate of Mr. Wilkes, due to her by 
promise, as did appeare by the testimony of William Paine 
and Bridget Wilkes vpon oath, and at the last court renewed 
his plea, and produced another witnes, vizf^, Jonathan Marsh, 
whoe was allso heard and examined vpon oath, but the cause 
for some reasons then sliowen, was not issued, therfore he did 
now renew his desire that the court would be pleased to put 
an issue to it, and Goodey Hall being present was asked why 
her master Wilkes promised her 10^ if she served out her 
time. She sayd because he knew she deserved it. The in- 
denture wherin Goodwife Hall was bound to Mr. Wilkes was 
called for and allso read in court, wherin it appeared that she 
was to serve him for 5 yeares and to have 3' a yeare, w^h the 
court judged competent wages, her passage being allso payde 
for by Mr. Wilkes, so that the act was alltogether free one 
Mr. Wilkes his pt. But he haveing promised and ingadged 
himselfe to doe it, as appeares fully by testimony of ye wit- 
nesses vpon oath, therfore it becomes a due debte to her. Tlier- 
fore the sentenc of the court is that Mr. Robert Newman, 
executo'' of y^ estate of Mr. Wilkes, paye to John Hall as a 
debte due from Mr. Wilkes to his wife, 10^. 

James Hayward haveing at a court, December y^ T^i' 1647, 



398 NEW HAVEN COLONY RECORDS. [1648 

entred an action of defamation against William Wooden, w'^li 
was opened and witnesses heard and examined, but then was 
respited by ye court, whoe waitted for some further light out 
of' ye Baye concerning this thing, w^h now being come, James 
Hayward desired that their might be an issue put to it, whcr- 
vpon the proceedings of that former court was read and a fur- 
ther testimony of Beniamin Hill vpon oath, taken before Mr. 
Malbon the 25t'' of Maye 1648, wherin Beniamin Hill testify- 
eth that he heard William Wooden saye, James Hayward was 
hollowe harted, and if ye church knew that he heard, he 
would not be received againe, and that he would be banished 
if all was true he heard (or they knewe as much as he,) and 
that he dealt basely w^h him at Captaine Turners, haveing put 
a pece of leather of Captaine Turners into his knap-sacke in 
way of spite, James and William being fallen oute, and 
that James charged William Wooden that he had stole y^ 
leather, therfore he conceives he put it in, because he was so 
readie to charge him wUi it. Likewise the testimonyes w^h 
came from the Baye were read, wherin it appeared that the 
things charged by William Wooden and witnessed by John 
Mascall were true in ye substanc, thoughe William Wooden 
had spread them in a defameing slanderous waye, and taken 
vpon him to saye that he would be banished, which was none 
of his worke nor place to doe. Likewise James Hayward his 
owne letter now produced, showes that he hath brought 
an ill report vpon ye place, reporting things of it that were not 
true. And by Goodman Pery and his wives testimoney vpon 
oath appeares that he dealt not truely in his promises, but was 
false harted towards their daughter, and that he was given to 
disorderly drinking in ye Baye. And by Mr. Noris his wright- 
ing it appeares that he had not caried things fairely w'h him. 
And Goodman Pery and his wives testimoney speakcs to that 
purpose allso. James was now asked what he had further to 
saye, and why he denyed that to ye court weh he had written 
in his letter. He sayd he knew not when he answered in 
court that he had so written, w'h the court knewe not how to 
beleive. James confessed ther was more discovered by the 
providenc of God then he did expecte, w^h yett did not excuse 



1648] NEW HAVEN COLONY RECORDS. 399 

William Wooden in his slanderous course, w^li the court 
admitted, and as formerly, so now witnessed against him for 
it. And William Wooden himselfe did acknowledge that the 
manner of his reporting was scandalous, and that he was out 
of his way when he sayd he would be banished, l)ut he left 
himselfe w'h the court. 

Both ptyes haveing spoken what they would in the case, the 
court proceeded to sentence, and ordered that William 
Wooden, for his miscariage in spreding the things in a slan- 
derous way and determining banishment, W^h was none of his 
worke, paye the charges of y^ court ; and that James Hay- 
ward, for his owne sinn, beare his owne shame and charge he 
hath bine at in sending and goeing into the Baye, w^h falls 
justly vpon him. 

William Pecke, one of those intrusted to ouersee the estate 
of Robert Preston deceased, desired to knowe if they might 
not paye some debtes that are due out of the estate. The 
court told him, so they paye nothing but what is justly due, 
and what Robert Prestons estate maye beare, they maye. 



A Court held at Newhaven the 5''' op September 1648. 

John Vincon was complained of for want of aboute three 
quartrs of a pound of bullitts, he sd he knew it not, and see- 
ing he is now provided the court past it by wUi 6^ fine. 

Mr. Ceffinch was complained of for comeing late one Lords 
day w'h his armes, & Jn° Downe his man allso. For his man 
he saith he was necessarily hindred from y^ meetting. For 
himself, he came in before Mr. Davenport, and others was late 
allso, and instanced in Thom : Meekes, but for himselfe he 
was fined 12^. 

John Downe, Mr. Ceffinch his man, for absenc at a squad- 
ron trayning was fined 2^ 6'' . 

John Herreman was complained of for not bringing his 
armes one Lords day. He said it was because he hath two 
chilldren, and either his wife or he must staye from y^ ordi- 
nances at home w'h them, or elc he must bringe one of them 



400 NEW HAVEN COLONY RECORDS. [1648 

and then cannot bring his amies, but y^ court judged that 
this was but a common excuse that many might make, and if 
it should be attended the service would be neglected, therfore 
agreed the he paye y^ fine, W^h is 5^ 

Martin Tichener was complained of for comeing late wMi 
his armes one Lords day, & allso for want of suitable bullits 
for his pec one viewing day ; but because y® sariants note is 
somewhat imperfect w^h complaineth of these defects, it was 
respited till next court. 

Henry Gibbons was fined for late comeing one generall 
trayning day (as himself confesseth,) 12'^. And for late 
comeing one squadron trayning Q'^. And for not bringing his 
armes to be viewed one morning to the sariants house as he 
had warning to doe, 12^. In all 2% 6''. 

Henry Byshopp for want of some bullits & not being yett 
provided, was fined 12'^. 

Peetcr Browne for y ^ like was fined 12"^ . 
[219] II The court was informed that Adam NickhoUs came 
late w^h his armes one Lords day, but because it depended 
somewhat vpon the corporalls witnes and he is not in court, it 
was respited till the next court. 

Thomas Meekes was complained of for comeing late w^h his 
armes one Lords day, he saith hee thinkes he was their before 
exercise begane, but leaves himselfe w^h the court, was find 
1 2^ . He was complained of for aljsenc at the generall trayn- 
ing yesterday, he said he was not well, but it was said in court 
that he was at worke, w^h others tooke notice of and was 
offended at it, for w'^h he was fined 5^ 

Job Hall for want of some match & a worme was fined 12'i. 

Jeremiah Watts for want of some po"" & bullits was fined 2^. 

Thomas Lampson being warned to this court for some defect 
in his armes, appeared not, Wh hath a show of contempt, & 
therfore is to answer it at next court. 

The marshall informed the court that he had demanded 
the fine of Robert Basset w<=h was laid vpon him for his disor- 
der, he refussed to paye & said he would have the matter 
scanned ouer againe in y^ court. TChe court ordered that he 



1648] NEW HA YEN COLONY RECORDS. " 401 

paye his fine betwixt this and ye next court, or elc make his 
appearanc then & their to show the reason why he payes it not. 
Mr is Plume of Totokett and her sonn Samiiell Phime 
brought into y° court an inventorie of the estate of Mr. John 
Plume deceased, amounting to 366': 09^: 01'^, prised by Rob- 
ert Rose, Robert Abut & Lawranc Ward vpon oath the 4^^ of 
Septembr, 1648. 

Samuell Plume pleaded for a portion out of the estate, but 
because the witnesses were not readie, it was respited, onely 
M^is Plume said it was her husbands will that he should have 
lOQi & a note from Mr. Swaine signifyed as much. 

Henry Bishop informed the court that he had, according to 
the courts order y^ last court, indeavored to gitt arbitratoi's to 
issue the matter in differenc betwixt him <fe Mr. Davenport, 
butt could gitt none. He was asked whoe he spake wUi to 
doe it, he named Mr. Wakeman, Mr. Tuttill & Richard Milles. 
The court thought they were fitt men & sent for Mr. Wake- 
man to desire him to take this vpon him, but he was not at 
home. Richard Milles being in court declared himselfe 
vnwilling, but the court agreed that they must chuse some to 
doe it, and appointed Mr. Wakeman & Richard Milles, two 
w"^!! Henry Bishop chose himselfe, and Mr. Crane & Francis 
Newman chosen by Mr. Davenport. But Henry Bishop ex- 
cepted against Mr. Crane to be an arbitrator in this buisenes ; 
he was asked the reason why ; he said he told Mr. Davenport 
that he should except against one of his men that he had 
chosen, wliervpon the marshall was sent to Mr. Davenport to 
acquaint him w'h it, whoe brouglit word againe that he won- 
dered Henry Bishop should make exception against Mr. Crane, 
seeing he hath bine in all the buisnes from the begining and not 
excepted against, but Henry Bishop was still called vpon to show 
the cause of his exception, whoe answered if he must needs 
show it he would, provided that what he speakes might not be 
taken ill, for he was loath to speake it in open court; he was 
told if it was such a private thing as might not be spoken of, 
he might conceale it and onely declare it to Mr. Davenport, 
wliervpon the marshall & Henry Bishop were sent to Mr. 
Davenport to declare his reason, whervpon Mr. Davenport 
61 



402 NEW HAVEN COLONY RECORDS. [1648 

came to the court and informed the court that the objection 
Henry Bishop makes hath not the fore of a just exception in 
it, for it doth not show any thing of vnfaithfulhies or partialli- 
tie, for the thing was this. Mr. Crane gave his apprehension 
in a case in question vpon the farme, what he thought the 
doeing such a thing was worth, and now Henry Bishop saith 
he can have it done by a workeman for a great deale less, and 
yett he spake but his judgment and if an arbitrator may not 
doe soe, to what end is their any? 2f"y, Mr. Crane and 
Francis Newman have stood arbitrators for him above a 
quarter of a yeare, and he accepted them but then would 
not joyne others w^h them, and for that he said he told Mr. 
Davenport he would excepte against one of his men, it 
was not a possetive exception, but vpon occaision of Mr. 
Davenports words to him that he y^ sd Henry Bishop must 
chuse men w4iout exception, he answered by way of retort 
saying it may be he should except against one of his men, and 
in ye issue it appeared that y^ exception was in prising the 
stubbing of the ground, in w'^h Francis Newman had a hand 
as well and equall w^tn Mr. Crane, and therfore the exception 
must lye against them both alike, nor doth it yett appeare that 
the thing will be done as it ought to be to fullfill y^ covenant 
for so litle as Henry Bishop thinkes it will. It was propound- 
ed to the court wheither they judge the exception just w<=h 
Henry Bishop makes, but the court declared themselues that 
it is not just, & therfore Mr. Crane must stand an arbitrator 
for Mr. Davenport. And the court ordered that these foure 
men, viz'^, Mr. Wakeman, Mr. Crane, Richard Milles & Fran- 
cis Newman doe take the case into their hands and consider 
of it, and, if they can to the satisfaction of Mr. Davenport and 
Henry Bishop, issue it, if not then to informe themselues so 
fully that they maye be able to informe y^ court how it stands, 
that they maye have what light they can further to proccede. 
Mr. Pell was warned to this court and appeared ; he was 
told it was for two reasons, first to take the oath of fidellitie, 
2'iiy, to paye in y^ fine of 10' laid vpon him y^ last court of 
magistrats. He said for y^ oath, he had taken it in England 
and should not <loe it heare ; he was told no more is required 



1648] NEW HAVEN COLONY RECORDS, 403 

of him then others doe, yett if he had any grounds against it 
he might propound them, or elc if he would considr of it he 
might. He said he desired to considr of it. For his fine of 
IQi he was asked if he had taken any order to paye it, he said 
no. Mr. Goodyear said he hoped he would. Mr. Pell said 
he knew not. He was asked y^ reason, he said he should be 
silent for he had given offenc heartofore w^i speaking, but y^ 
court desired an answer, wheither he would paye or no, but 
his answer was that he desired to be silent. 
[220] II William Judson informed the court that aboute 
this time twelue moneth he hired John Knight to be his ser- 
vant whoe was then w'li Francis Hall, haveing three weekes 
to serve as he the sd Knight said ; and he gave him earnest 
that he should come to him aboute 14 dayes after Michelltide, 
and he expected him accordingly but he came not. He asked 
Francis Hall why he came not, he said because he owed him 
money. William Judson told Francis Hall that he would 
paye his debte, yett Hall would not lett him come, wherfore 
he desires the justice of the court. 

John Knight saith that he agreed w'h William Judson & 
tooke earnest to serve him so soone as he was free from Fran- 
cis Hall. 

Mr. Ling saith that he heard Jn^ Knight saye that if Good- 
man Judson would paye the money hee owed Francis Hall, he 
was free from him. 

Francis saith that he could prove that John Knight was to 
doe him servic for the money he owed him, but his witnes was 
not heare. 

William Judson saith that Knight told him that he owed 
Francis Hall something, but not service. Francis Hall was 
asked how much Knight owed him now, he said he could not 
tell justly, but he thought five or six pounds. The case stand- 
ing as it doth, the court advised them to agree it themselues, 
and in conclusion they both agreed that Francis Hall shall 
keepe Knight a moneth longer, & that then he come to Good- 
man Judson, and that William Judson paye to Francis Hall 
for Jno Knight what shall appeare to be justly due to him, in 



404 NEW HAVEN COLONY RECORDS. [1648 

a convenient time according as tlic same shall appeare to be, 
& that the charge of this pi'sent court be borne betwixt them. 
The court declared themselues that whoesoeuer hath Jn^ 
Knight must put in securitie that he shall be forthcomeing 
when the court calls for him, & Francis Hall promised he 
should be ready at y^ courts call, elc he would answer for him 
& be lyable to what sentenc the court should inflict vpon him 
if he fayled hearof. 



A Generall Court the 9^^ of October, 1648. 

Jervic Boykin was admitted a member of this court and rec 
ye freemaus charge. 

The Governer propounded to y^ court to know what corse 
they would take to prevent the damadge that is done in corne 
& meddowes, for he heares great complaints ; their are orders 
in force, but wheither it was not necessarie to make some 
stricter order aboute swine and fences, or that some other 
course might be taken that these damadges might be prevent- 
ed, and wheither they will debate the matter now or chuse a 
committee to prepare the matter against another court ; but 
every one might now propound what way he thinkes of, that 
if they chuse a comittee they maye consider it. The court 
agreed & voted to chuse a committe to consider and prepare 
the matter aginst another court. The committe chosen are, 
the court, Mr. Tuttill, Mr. Gilbert, Mr. Robrt Newman, John 
Copr, Jeremiah Whitnell, Henry Lendall, Mr. Wakeman, Jn^ 
Gibbs, Thomas Powell, Robert Johnson, Leivtenant Seely, 
Mathew Camfeild, Sam : Whithead, Jervic Boykin, Jn" Tomp- 
son, William Davis, Jn^ Vincon, Mr. Gilbert, David Atwatter 
for ye farmes. The towne was desired to informe those whom 
they have chosen that all things maye be fully considered & 
debated when the committee meets. 

The court chose the Magistrats and deputies as a committe 
to dispose of Oyster shell feild for common & publique advan- 
tage. Leivtenant Seely propounded for 5 or 6 ac^ for a place 
to shott at a marke vpon, w^h is allso refered to y^ same 
committe. 



1648] NEW HAVEN COLONY RECORDS. 405 

William Andrewcs whoc kecpes the ordinary, propounded 
to y® court that he might have some helpe afforded him for 
the better carying of it one. He was wished to acquainte y 
court w'h what he desired ; he said, first a convenient house 
neare the watter side. 2*"y, 100' of provission laid in and 
he would returne it againe to y^ towne so soone as it pleased 
God to inable him, w<=h was taken into consideration to be 
prepared against another court. 

The Governor acquainted the court that the commissioners 
have ordered to commend it to y*' severall generall courts, 
that wampome should not be forced vpon any man for pay- 
ment W^h is not .in some measure suitably stringed, & if any 
stone wampom be p''sented, it be broken. 



A Generall Court the IS^'' of October, 1648. 

Ephrahim Penington and John Walker were admitted 
members of this court and received the freemans charge. 

Edward Parker & Jn° Walker had libbertie to depart y^ 
court. 

The Gouerner acquainted the court that the committee they 
appointed the last court to consider aboute swine & fences 
have mett & considered of them, w^h the issue of w^^h consid- 
eration the court was acquainted, and after much debate it 
was ppounded that to prevent damadge by swine & fences, a 
publique pounder would be the best way, wlioe should be 
vnder oath to looke to all y^ corne feilds in y^ towne, to pound 
hoggs & catle, & view y^ fences, & warne men of their defec- 
tive fences one a weeke, & the man most fitt for this trust and 
imployment the court conceived was Jn" Coppr ; but y^ 
things being divers and weightie, and lecture time drawing 
one & y^ court of magistrats sitting in y^ afternoone, it is 
reffered to another court. 



406 NEW HAVEN COLONY RECORDS. [1648 

[221] A Generall Court the SO^'i of October, 1648. 

John Cooppr was desired to acqiiainte the court wheither 
he be willing to be a generall pounder for the towne. He an- 
swered yea, so that the towne would sett him in a way what 
to doe & how he might be payde. He was desired to acquainte 
the court what he desired, he sd iff he made it his whole im- 
ployment he could not doe it vnder 30' a yeare, but the court 
thought not meete to laye forth so much yearly vpon this 
worke, therfore it was propounded that he might spend two 
dayes in a weeke to view all y^ fences, & pound catle & swine, 
& that for his paye he might have 2'' vpon every aC of land 
that is improved for come w^hin j^ two mile, and that he gitts 
for pounding catle beside, Wh was propounded to Jn° Coppr 
and he accepted it. Whervpon the court ordered that for y<^ 
yeare to come John Coppr be publique pownder for y^ towne, 
to be vnder oath to view the fences aboute the corne feilds 
belonging to y^ towne w^iin the two mile, one every weeke, if 
no extraordinary providenc hinder. The time for his view is 
left to himselfe, so as maye be most for y^ benifite of the sev- 
erall quarters, and to tell every man whose fenc is defective 
one every weeke, but if any man hath had warning of his fenc 
to be defective, & it is not mended before the next weeke he 
view againe, (their being a weekes time betwixt his view,) the 
fine to be 12*1 for every post & length of rayles that is defect- 
ive or downe, <fe 6'^ a time for Jn^ Coopprs comeing to tell 
them, and if yet it be neglected it is counted a contempt and 
they must answer it at the court ; and what damadge comes 
by it to be p^ by ye owner of the fenc beside. And for his 
paye the court ordered & he accepted, that he have 2^ for 
every ac^ of land w^hin the two mile that is improved for 
corne, house lotts or other, and what swine or catle he pounds 
according to order, to have the poundage beside, w^h is order- 
ed to be 4*^ a beast as ox, steere, cow or calfe, & 12'' a horse, 
& for swine according to the order following ; and thoughe 
the swine or catle of any sort w<^h transgrese the order be not 
pownded, but the owner told of them, they must paye as if 
they were pounded. 



1648] NEW HAVEN COLONY RECORDS. 407 

It was propounded and desired by divers that no swine 
might be kept but what men will keepe vp in their yards, or 
elc if they keepe them aliroad, then at such a distanc as they 
maye not doe damadge to cornefeilds or meddowes, and then to 
goe vnder keepers ; and that both at towne & at y^ farmes ; 
and after much debate of the matter the court ordered, that 
whosoever keepes swine in the woods must have keepers and 
keepe them 8, 10, or 12 mile distanc from y^ towne, that they 
come not to doe damadge in cornefeilds or meddowes ; and 
they w^h keepe swine in y^ towne, or at the farmes, shall 
keepe them vp in their yards, that they goe not forth to doe 
damadge, vnder the penaltie of 12*^ apec for each default, & 
the damadge beside. But if hoggs straye out into y^ woods, 
or gitt out of a mans yard into the street accidentally & 
against his will, then the penaltie to be but 3^ apec, to goe to 
him that pounds them or brings them home. This order to 
take place a moneth henc, till w^h time the former order 
stands in force. 

The putting in catle into j^ severall quarters is left to them- 
selues to order. 

It is ordered that if any man in his owne yard or ground 
make a penn or yard to keepe swine in, if it be against his 
neighbours fenc, he shall maintayne the fenc so farr as that 
yard or penn reacheth, that his neighbour be not damnifyed 
therby. 

Jno Coppr desired that the pound might be removed to a 
place neare his owne house, that it might be more convenient 
for him to pound swine or catle. The towne was rather 
willing to make a new pound neare his house and he, the said 
John Coppr, offered to sett vp one as bige as that wh is all- 
readie vp, (substantially & strong,) for 50s, w^h the court 
agreed to & was willing to allowe him. 

The Governer propounded to the court that seeing what had 
bine done concerning the absent lotts to dispose of them doth 
not issue the thing, for though they was willing to abate part 
of the rates past & to vallew the fenc as it is now worth, yett 
men accepte not of them, wheither theirfore the will not 
thinke of some other waye, either by themselues or liy a 



408 NEW HAVEN COLONY RECORDS. [1648 

comittee, to dispose of them. The court considered of it and 
chose the magistrats, elders and deacons, and one out of each 
quarter in the towne, viz'^. Francis Newman, Mr. Crane, 
William Andrewes, Jervic Boykine, John Ponderson, Mr. Gib- 
bard, Richar Milles, Leivtenant Seely, Mathew Camfeild, as a 
committee to whome the court gives full power to consider & 
dispose of the absent lotts as they shall see cause. 

Mr. Evanc propounded to the court that he might have 
libbertie to make a wharfe aboute the pointe against Phillip 
Leckes, and a bridg ouer the creekes mouth their, so as they 
might come to vnloade a boate at halfe tide. 

Leivtenant Seely propounded allso that he might have lib- 
bertie to make a wharfe theraboute wher the shipp was built, 
that they might vnloade a vesscll at any time of y^ tide. It 
was allso propounded that a slue might be made at the creekes 
mouth against Phillip Leekes to keepe vp the watter, that so 
they might wear a channel, and a wharfe built ther to vnloade 
goods vpon drye at any time of y^ tide. It was desired that a 
comittee might be chosen to whom they would reffer the con- 
sideration of these matters, to whome any that propound to 
doe any such worke might repaire for resolution, and the court 
chose the magistrats and deputies, Mr. Evanc, Leivtenant 
Seely, Mr. Rudderford, Robert Martin, and they have libbertie 
to call in any others y' they thinke may give y"^ light in these 
matters. 

The towne was desired to bring in their rates to y^ treasurer 
w^^h speed, elc they must looke to be warned to the court. 

William Andrewes desired the court that they would pro- 
vide some other to keepe the ordinary, elc furnish him w^h 
100' and a convenient house. Mr. Evanc said that himselfe 
& foure more would lend him 5^ apec for three yeares freely, 
w''h was looked vpon as a kind offer, but that would not an- 
swer, and some proposition was made concerning John Herri- 
mans keeping of it, and aboute the house was M' Lambertons, 
vpon w^h occaision it was reifered till Mr. Goodyeare came 
home. 

They which are to have land on y^ east side were desired 



1648] NEW HAVEN COLONY RECORDS. 409 

to bring in tlier names wlioe they are that they maye have it 
laid out. 

[222] II Mr. Robert Newman againe propounded to know 
wheither the court was willing to exchange one third part of 
the land belonging to ther quarters w'hin the 2 mile. The 
court desired the committee before chosen to view that land 
to view it againe, that they maye be fully informed & be able 
to give light to the court whoe will considr it. 

John Coppr is to begine to view & looke to the fences 
pi'sently, and when he gives warning to any quarter that hee 
will view the first time, they are to goe w4i him, to show him 
every man his fenc, & if they shall neglect, they shall paye 12'i 
a man. 

It is ordered that this day fortnight waights & measures & 
stillyards are to be viewed and tryed by those whoe are ap- 
pointed for that purpose, at the meeting-house, by 8 a clocke 
in the morning. And betwixt this & then the marshall is to 
goe aboute the towne to mens houses & take notice whoe have 
waights & measures, & what, and give a noat to those appoint- 
ed to view. 



At a Court held at Newhauen the 7"' of Nouember, 1648. 

Sariant Fowler complained that his squadron came not to 
trayne according to y^ court order. Hee was asked if the 
drume beate, he said no, thoughe the drumer knew his duty 
and ought to attend the townes order, the court said it was 
true, for he is a towne officer & vnder paye. 

Robert Basset the drumer being in court answered, that he 
was about the shipp worke, but was told that was no excuse, 
he said the shipp worke freed other men and why not him, 
but was told their was no ground for it, for he is an officer 
vnder paye, and ought to have attended his worke, and if his 
occaisons had called him from home he should have gone to 
the sariant & intreated him to have gott another to drume. 
He said he thought he should have had warning from the 
sariant, but was told it is not the sariants worke, but he should 
doe his owne worke and attend it. The coiirt witnessed 
52 



410 NEW HAVEN COLONY RECORDS. [1648 

against this liis neglect but past it by for this time, w^hout a 
fine, & allso freed the squadron. 

Robert Basset was complained of for absenc at two generall 
courts, he answered that y<= reason was because he was imploy- 
ed in druming to call the court together, & went but home to 
breakefast & came againe presently, but the names were called 
before he came. The court considered his excuse & freed him. 
He was advised that one squadron dayes he beate the drume 
aboute those squadrons that are to trayne that day. 

The will of William Ives deceased was presented in court, 
made the S^^ of Aprill, 1648, witnessed and vnderwritten by 
Richard Milles & Rogger Allen, whoe now in coiirt testify that 
the said William Ives was in a state fitt to make this will & 
did make it.* 

Allso the inventorie of the estate of the said William Ives 
amounting to 98' : 04: 00"^, prised by Richard Milles & Rogger 
Allen vpon their oath, the 22'i' of September, 1648. f 

William Basset whoe is neare the mariage, (they being con- 
tracted,) of ye widdowe, was called to put in securitie to y^ 
court for the estate, that the chilldren of William Ives maye 
have their portions duely pd, according to y^ generall courts 
order, but he desired respite till y^ next court w^h the court 
granted. 

William Basset was complained of for absenc at the generall 
trayning yesterday, he sd it was because he had some haye 
w^h did lye vpon the stroye, ther being many catle lying at it, 
that if he had not fetched it that day it would have bine eaten 
vp & spoyled, & he had indeavored to fetch it the weeke be- 

* Will of William Ives, made April 3d, 1648. 

He makes his •wife sole executrix and ojives ber the use of all his goods, house aud 
hmd for the bringing up of his small children — gives to his son John the house and 
land at 21 years of age, to his three other children when they come to 20 years of age 
one cow apiece or its value, to his wife the rest of bis estate. 

If the Lord should take away any of the daughters, then that portion shall fall to 
the youngest son, and if the Lord should take away the eldest son, then it shall fall to 
the youngest son at 21 years of age. 

The mark of William Ives, witnessed by Richard Miles, Roger Allen. 

t In the margin, "y^ 4''' Septem. 1649. Rich. Jliles & Roger Allen confirmed vpon 
oath what they before testifyed concerning William Ives his will, and y*' 6''' of Novm. 
1649, the executrix tooke oathy' to ye best of her light y« inventorie pi^sented is a true 
invent, of her deceased husbands estate." 



1648] NEW HAVEN COLONY EECORDS. 41 1 

fore, but it was so wett that he could not ; the haye was scarse 
worth the fetching, but his necessitie required it for preserving 
his catle, w^h things the court considering, past it l)y w^hout 
fine. 

John Nash was complained of for absenc at a generall court 
the 9"i of October, he sd he had lost a cow vpon the last day 
before, and was faine to goe seeke her, <fe as soone as he came 
home he came to y® court, w^h y^ court accepted & past it by. 

Mr. Ling was fined 12'* for absenc at a generall court. 

Mr. Ling, Mathias Hitchcocke, Jn^ Wakefeild, Henry Car- 
ter, Joseph Nash, Mathew Row, Edward Keely, Joseph Pecke, 
Nickholas Elsy, all was too late in comeing to trayning yester- 
day in the afternoone, but they said they was their before the 
bodye moved, wh as the capt' said was longer before it moved 
then it vsed to be, yett because it hath bine y'' vsiall course to 
count no man late till y^ bodey hath bine removed, the court 
past it by for this time. 

Sariant Andrewes was complained of for absenc at trayning 
yesterday, he answered he was constrayned by his occaisions to 
goe to Milford to end a buisines w^h should elc have come to 
this court, w^h was waightie as the governer knowes. Mr. 
Evanc should have gone the sixt day last to have ended it for 
him but was prevented, so that he had no day but yesterday 
to goe. The governer said he knew the buisines and it was 
waightie. The court considered the case & past it by, but 
advised Sariant Andrewes to attend trayning carefully for 
time to come. 

William Gibbons was complained of for absenc at two gen- 
erall courts, for the first of them he saith he will paye the fine, 
for the other he was not well & could not come, wherfore the 
court past it by. 

The will of Anthony Tompson* deceased was presented in 

* " A wrighting presented in court, for the last Will and Testament of Anthony 
Tompsou deceased, made March 2.3d, 1647." 

Gives to his eldest sou his inheritance, house and laud and meadow he had e;ivcn 
him by the Town, (onlj' the house, his wife is to have during her life,) and ten pounds 
when he comes to eighteen years of age. To his second son, Anthony, the land and 
meadow he bought of brother Clarke, and ten pounds to be paid him when he comes 
to the age of tweuty-one years. To his daughter Bridget, what he had by his former 
wife and fifteen pounds, to be paid her at the age of eighteen years, provided that she 



412 NEW HAVEiN COLONY RECORDS. [1648 

court, made the 28^^ of March, 1647, witnessed and vnder- 
written by Mr. John Davenport, pasto--, & Mr. Robrt Newman, 
ruling elder of the church of Newhaven. 

Likewise the inventorie of the estate of the said Anthony 
Tompson, amounting to 2W: 18^: 10^, prised the 26'^ of 
September, 1648, by Richard Milles, Mathew Camfeild & 
William Tompson vpon ther oath. And ^ Tompson 
the widdowe of the deceased called to put in securitie fOr the 
chilldrens portions, but because y" court would not put her 
ypon it suddenly, they reffered it to j'^ next court. 

William Basset paseth ouer to Mathew Camfeild two ac^ 
of meddow, one ac of it lying in the west meddow one this 
side the river betweene the meddowe of Richard Osborne & 
Thomas Knowles, and the other ac lying in sollatarie cove, 
& 8^ ac''s of vpland in the subverbes quarter, on this sid y^ 
West River. 

Henry Loyne was complained of for absenc at a generall 
trayning, but Mr. Crane desired that it might be respited till 
next court, w^h was granted. 

[223] II John Benham was complained of for being absenc 
two generall trayning dayes. Hee answered that the first of 
them ho was their in the morning, and after he had answered 
to his name, newes came that ther was many oxen in his corne, 
he went to Mr. Goodyeare and desired to be excused but he 
refussed, so he was forced to goe to save his corne ; he was 
asked if he came againe, he said no because vpon the last day 
before he left a cart w'h haye W^h stoode aboute the necke hill 
in hazard & he went to looke after that ; for the other day, 



dispose of herself in marriage with the consent and approbation of her mother and 
the elders of the church then being. 

The remainder of his estate to his wife; if she marry again his other daughters to be 
provided for with equal portions as his other daughter hath, with the advice of the 
elders then being. 

To his brothers William and John Tompson, each ten shillings as a testimony of his 
brotherly love. 

His wife is made sole executrix. 

John Davenport and Robert Newman certified that this writing was his nuncupa- 
tive will. Presented to the court of Magistrates the 27th of May, 1650, not allowed as a 
legal will, but it was ordered that the wife of the said Anthony Tompson should ad- 
minister upon the estate, according to the particulars iu this writing contained, per 
Francis Newman, Secret. 



1648] NEW HAVEN COLONY RECORDS, 413 

his corn was gathered & laye in hazard of being eaten vp & he 
was faine to goe gett it home, the weeke before being wett 
that he could not, yett he went to y*' captaine & company to 
giv him libbertie, but they left it to y^ court. For y^ former 
day the court past it by wholly, and for y^ latter ordered that 
he paye halfe y^ fine for absenc w^h is 2^ : 6^. 

Beniamen Willmott was complained of for absenc one 
trayning day and for late comeing another trayning day. He 
said his absenc was because he had haye that laye vpon the 
spoyle, ptly by the tide & ptly by the raine, & if ther had 
come more wett before it was stirred, it might haue bine quite 
spoyled, & that day being faire he went to looke to it. For his 
late comeing he knowes not, but if it was too late it was very 
litle, but he submitts to the court. The court told him it was 
many mens case then to have haye lye vpon spoyle by wett, 
w^h attended the trayning ; the court for his late comeing 
ordered him to paye the fine w^h is 12^, & for his absenc that 
he paye halfe y^ fine w^h is 2« : 6'' . 

Mr. Goodanhousen & Mr. Westerhousen by Mr. Evanc 
made a request to the court that the bond wherin they stand 
bound to the court in 1000 gilders for the three prisoners that 
runn awaye to the Dutch, might be remitted, but was told 
that because it was done, thoughe in this court, yett wUi the 
assistanc of two other magistrats, it must be reffered till a 
court of magistrats, or till two magistrats sitt heare w^li this 
court. 

James Till was warned to this court to attend aboute an 
action to be tryed betwixt Richard Pery & Jn" Megs, but ap- 
peared not, W^h the court looked vpon as a contempt w'^h he 
is to answer for the next court. 

The court ordered an attachment vpon Jn° Meggs his corn, 
viz'i, 10 bushell of wheat, and that it be not removed out of 
Mr. Perys barne till y^ differenc w^h is betwixt them concern- 
ing the barne be ended, and what Mr. Pery owes Jno Meges 
he must paye. 



414 NEW HAVEN COLONY RECORDS. [1648 

A Generall Court the 20"' of Nouember, 1648. 

The Governer acquainted the court w'h & read a letter w^h 
he had received from y^ committee of both houses of parli- 
ment.* 

The Governer informed the court that the committee ap- 
pointed to dispose of the absent lotts have mett twice and 
considered of them, & thinke meete that the rates past be 
forborne, & the fenc pd for as it is now worth, & the first 
survaye, and that if any to whom any part of them is disposed 
of shall w'^hin five yeares remove out of the towne, then they 
shall returne the land backe againc to the towne, therfore 
those that find themselues straitened maye give in their 
names, that so men maye be accommodated so farr as the land 
will beare. 

Mr. Evanc, Mr. Yale, Mr. Atwater had libbertie to depart 
the court, & Robrt Basset & Mr. Auger. 

Mathew Camfeild came late, but the court past it by be- 
cause he was forced to goe looke after some catle. 

The court was informed that the order made last court con- 
cerning keeping vp swine was much objected against & taken 
ill by divers in the towne, whervpon it was againe propounded 
to the court if they would alter it, but the court would not 
but confirmed it for a yeare. 

The marshall complained that Goodwife Lampson was very 
troubelsom to his family, and she had bine long at his house, 
and sees litle amendment & desired he might be freed from 
this trouble, whervpon the court wished Thomas Lampson to 
take her home or elc gitt another place wher she might be 
kept & looked too. 

It is ordered that every quarter, or quarters that lye togeth- 
er, shall, w^iin the compase of a weeke after this court, 



* This letter is referred to in " New Haven case stated," and was " for freeing the 
several distinct colonies of New England from molestation by the appealing of trouble- 
some spirits unto England, whereby thej' declared that they had dismissed all causes 
depending before them from New England, and that the}-- advised all inhabitants to 
submit to their respective governments there established, and to acquiesce when their 
causes shall be there heard and determined." The letter was signed by Pembroke, 
W. Say and Scale, Manchester, Fr. Dacre, &c., Warwick, Denbigh. 



1648] NEW HAVEN COLONY EECORDS. 415 

meete together and setle & marke the feiic so that the viewer 
niaye know every mans fenc w^hoiit further trouble, and for 
neglecte hearof, the quarter or quartrs shall paye 20% vnless 
they can laye it vpon some pticular man or men, for his or 
their stubbornnese or refractaryness, w^h the pticular court 
shall judge of. 

John Hall, William Paine, William Holt, Nathaniel Meri- 
man, Henry Morrell, desire to have their Tand on y^ east sid, 
betwixt the red rocke & Mr. Davenports farme, & the court 
ordred that it should be laid out together that they maye plant. 

John Coppr tooke oath to be faithfull in the trust committed 
to him in viewing fences and pounding catle, according to y^ 
courts order, w'hout partialitie or respect of psons. 



A Court held at Newhaven the 5t'' of December, 1(548. 

Henry Peck was complained of for absenc at a generall 
court, he said his wife was sick and that was the cause, vpon 
w^h consideration he was excused. 

Robert Pigg was complained of fur absenc at a generall 
court, he sayd that it was a wett morning that the drume could 
not beat aboute towne & he heard it not, but he came as soone 
as he thought it was time, whervpon he was excused. 

Richard Pery declareth that wheras the last court their was 
an attachment laide vpon tenn bushells of the wheat of Jn^ 
Megs w^h laye in his, the said Richard Perys barne, and not 
to be removed out of the barne till ye rent of y^ barne was 
satisfyed for to the sd Richard Pery, yett contrarie to this he, 
ye sd Ju" Megs, hath removed and disposed of the wheatc. 
[224] II John Meggs answered that he thought their should 
have bine an actuall attachment laid vpon tlie corne, therfore 
he fetched some of it home and thought their would have bine 
twenty bushels more, & so disposed of three bushells more, 
that when they came to winowe, their proved but aboute 7 
bushells, and he hath indeavored to gett corne to make it vp 
but could not. The court told him they wondered at his ex- 
cuse and it offended them much, to saye their was not an 



416 NEW HAVEN COLONY RECORDS. [1648 

actuall attachment when the court hiyd it themselues and 
needed not to send any officer to doe it. Further the gover- 
ner informed the court that Jn° Megs was w'h him and com- 
plained that the hoggs came into the barne and spoyled his 
corne, & it would not be safe to leave so much corne their 
threshed. The governor told him that he might therfore 
leave it at Mr. Perys house as he threshed it, but he objected 
against that, therfore was told he might leave it w'h the 
treasurer, but he did neither, but contrarie to all order caryes 
the corne away & disposeth of pt of it, which cariage the 
court looked vpon as contemptuous in John Megs against the 
court, and should after deale w^li him for it. 

Further the plantiife declares that their was an agreement 
betwixt his wife & James Till, servant to John Meggs, for 
one pt of his barne, for y" rent of w^h he was to have wheat, 
and for the vallew they both reffered it to his father, Mr. Mal- 
bon. James Till was called, whoe saith that hee being ser- 
vant to Goodman Meggs, went to M^'s Pery & desired she 
would lett him her barne, she saide not all, he sayd then halfe, 
she sayd yea, she said she must have corne for it, he sayd she 
should, she said not rye, he said no but wheat and good wheat, 
she said she knew not the pric but would reffere it to her 
father, to w^h he agreed, so he hired halfe the barne & half 
ye leantoo on y^ side : notw^hstanding this agreement, the 
plant pleads that the defendant will not paye him corne but 
saith though he promised to satisfy, yett not in corne. 

John Meggs answered that his man tooke it before before he 
knew of it, but after M^'^^ Pery came to him (vnderstanding 
James was his man,) and asked him if he would see the rent 
for the barn payd, he asked her what it was, she said she could 
not tell, he asked what it was lett for last yeare, she sayd she 
could not tell, he sayd what she had last yeare he would give 
her this yeare, w'h w^h she was satisfyed. xVfter this M^'s Pery 
came for shooes, both to make & mend, and had what she 
desired, she said she had no wampom, he said it was no mat- 
ter, it should goe towards the rent of the barne & she was 
satisfyed, and Mr. Pery, after he came home, came for a paire 
of shooes & had them, but said he had no wampom ; he, y^ 



1648] NEW HAVEN COLONY RECORDS. 417 

sd Jn° Megs, answered it was no matter, it should goe to- 
wards the rent of the barne, and he objected not against it, 
and they neuer spake of corne but one time when they was 
dressing, M'^^^ Pery said, Goodman Megs, can yow spare me 
any wheat, he said no, she sayd James promised corne for the 
barne, he said ho had none to spare. 

Mi-is Pery said she knew not of any such bargaine betwixt 
Goodman Meggs & her, either for the rent or for the paye. 

Wherfore Jn^ Megs was called to make proofs of these 
things, first that the rent was to be as it was lett the lastyeare, 
secondly that they was content to take other paye y" corn. 

Goodwife Meggs testifyeth vpon oath that her husband asked 
M"s Pery what the rent of the barne was, she said she could 
not tell, he said to her, looke what others pd last yeare he was 
willing to give, & M^^ Pery said well, well, seeming to be sat- 
isfyed. Further this deponent saith that M^^ Pery was wil- 
ling to take tlie shooes she had in pt of payement for the rent 
of the barne, and that Mr. Pery had afterward a paire of 
shooes for himselfe & was willing, to her apprehension, to take 
them vpon y^ barne acc° 

John Hall servant to Jno Megs testifyeth vpon oath that 
Mr is Pery had a paire of shooes of his master & said she had 
no money at that time aboute her. Jn° Megs said it should 
goe in pt of payement for the barne, she said well, well, seem- 
ing to 1)0 willing that it should be so. 

William Hooke testifyetli vpon oath that Mr. Pery came to 
Goodman Meges for a paire of shooes, he said he had no wam- 
pome to paye at p^sent, Goodman Megs said lett them goe in 
pt of the barne, Mr. Pery said well, well, & went away seem- 
ing to be content & yeilding a full consent, in his apprehen- 
sion. 

John Megs was called to show what the barne was lett for 
the last yeare, but could not, whervpon the court was in- 
formed that Thomas Wheeler senio'', whoe hired that part the 
last yeare, could informe, whoe was sent for & cam, & testi- 
fyed to y"' court that he hired that pt of the barne last yeare 
w^'h John Megs hath this yeare & agreed w'h Mr. Pery and 
pd him for it seaven bushells of wheat. 
53 



418 NEW HAVEN COLONY RECORDS. [1648 

Richard Peiy saitli further that tlie shooes lie had of Jii° 
Megs is prised too deare, he asked 4*^ G'' for shooes that he had 
l>etter of another for 8^ <>' . 

The senteiic of the court is that the shooes Mr. Pery hath 
had of Jn.0 Megs, being duely vallewed by Leivtenant Seely & 
Thomas Beament, be deducted, the rest to be pd to Mr. Pery 
in wheat, after the rate of seavcn bushell for the whole, and 
that the charges of the court be borne equally betwixt them. 

And for the contemptuous cariage of John Meggs to the court 
in refussing to fullfill their order in the attachment laid vpon 
the corne the court fined him xx^ 

Widdow Tompson was called to put in securitie for her 
childrciis portions, but she not being fit it was respited. 

William Pecke was complained of for absenc at a generall 
court, he answered he was not well to come, whervpon the 
court past it by. 

William Baset was called to put in securitie for y" portions 
of his wives chilldren, but it was respited. 

James Till was warned to this court to answer for his con- 
tempt in not appearing the last court ; he saitli that he 
acknowledges he was served w^i a warrant to appeare at the 
last court but did not, but haveing a lighter load of haye to 
empty went about that, w^hout asking leave of any magis- 
trate. 

Thomas Barnes informed the court that he served a war- 
rant vpon James Till two or three monethes sine, but he could 
not gitt him to appeare, but hath all way shifted him of one 
way or other, but this he hath to inform the court against 
[225] II him, that he, the said James, stole a sitlie w'^h he 
left in the feild, taking it of from the snath and vseing it as 
liis owne, w^h charge James Till owneth & acknowledgetli it 
to be true, and that he had slandered Thomas Barnes by 
reporting that he did but take his sithe as lie, y^ said Barnes, 
had taken a grubbing axe of his, whenas Thomas Barnes had 
borrowed the axe of James Till as he now confesseth. Allso 
Mr. Gibbard, the treasurer, informed the court that James 
Till found a dead woolfe in the woodes, & cut of the head and 
brought it to him to be payde for it, saying he had killed it hy 



1648] NEW HAVEN COLONY RECORDS. 419 

setting a giinn, and gott a noate of him to receive 15^ for it 
& therin by lying deceived the towne whose order is that those 
that kill woolfes, (<fe not find them dead,) should he pd for 
them, w'^h lying and cheatting James Till could not denye. 

The sentenc of the court is that for his contempt of the 
court in not obeying the warrants served, he paye 40^ fine to 
the towne, for the sith that he make double restetution, y^' sith 
being vallewed at 4% for his lying, cheatting and slandering 
that he be severly whipped, and the he acknowledg the wronge 
he hath done to Thomas Barnes in slandering of him, & that 
he sitt in y« stockcs as long as the weather will pmitt w^li res- 
pecte of mercy to him, thall that pass by maye see what man- 
ner of pson he is. 

Jno Coppr informed the court that their is a great deale of 
fenc lye dowue about Mr. Evanc hs farme, belonging to divers 
men wh have hired the land. The court ordred that it be 
m.ade vj3 w^^h speed. 

Jno Coppr complained that having pounded 3 mares of 
Robert Pigs, he could not gitt his paye because the fenc is 
downe. The court ordered that Robert Pig paye John Coppr, 
and after seeke his remedy of the fenc that is downe. 

Mr. Malbon desired the help of the court in a differenc 
betwixt Mr. Evanc, Mr. Goodanhousen and himselfe, concern- 
ing a horse that he, the sd Mr. Malbon, bought and after sold 
to Mr. Goodanhousen. The case was this : Mr. Malbon 
bought a horse of Goodman Ford of Windsore, to be pd in 
merchantable wampome vpon demand, but if in his jurney 
from Connecticote to Ncwhaven he liked not the horse, he 
was to paye Goodman Ford 6^ 8'^ for his jurney & send y^ 
horse againe. After Mr. Malbon came home he liked the 
horse & intended to send him to the Barbadoes, but he was too 
bigg to goe in y" vessell ; Mr. Evanc desired to haue the 
horse, Mr. Malbon was willing and told him the termes of 
payement, he said he would paye it, but after a litle considera- 
tion refussed him, so then the horse was sold to Mr. Goodan- 
housen for such paye, to be pd to Goodman Ford vpon demand. 
Goodman Ford sent one and had it not, after sent againe by 
Goodman Meggott ; Mr. Goodanhousen proffered him beavo^" 



420 NEW HAVEN COLONY EECOEDS. [1648 

but they could not agree vpon termes, so he went away vn- 
payde. Mr. Westerhousen sayd that vpon Mr. Goodanhousen 
desire he offered to paye Goodman Ford at Connecticote in 
commodities, but he refussed them, (this was in August last.) 
Mr. Westerhousen then told him that if he went to Newhaven 
his man should paye him in wampome according to agree- 
ment, so he came to Newhaven in the midle of Septerh next 
to the faire, but never called for the wampom though it laye 
readie. After Mr. Westerhousen asked him the reason, he 
answered because now he required damages for want of his 
money. 

Tlie court considered the p^'mises, and ordered that Mr. 
Westerhousen paye to Mr. Malbon for Goodman Ford, eleaven 
pounds in merchantable wampom, and for the damadges it is 
reflfered to be considered afterward, the charges of the court 
to be borne by Mr. Westerhousen or Mr. Goodanhousen. 

Mr. Pell being ordered by the last court of magistrats to 
attend this court, & being a fine of twenty shillings then laid 
vpon him, appeared not, but Mr. Leach being in court said he 
was ordered by Mr. Pell to informe the court that it was 
against his judgment to take an oath, therfore could not doe it ; 
he was asked if Mr. Pell sent the fine of twenty shillings by 
him, he said no, therfore it was looked vpon as a contempt in 
Mr. Pell. 

William Judson desired libbertic to send John Knight out 
of the jurisdiction, the court told him he might if he would 
vndertake to have him heare by tomorrow senit, buty', he said, 
would not suit his occaisions, therfore he would not send him. 

John Meggs became suertie for James Till, & binds himselfe 
in 10' to deliver him at the prison to the marshall tomorrowe 
morning. 

Sariant Munson informed the court that he was aboute 3 or 
4 monthes sine accused in this court by Captaine Malbon that 
he had vpon a trayning day come to the company & taken 
awaye some men & said he would answer it, but the thing was 
not true. But the thing was this, Mr. Davenports sellar was 
to be stoned, & the massons had appoynted to come to worke 
on the second day from Guilford, w^h was trayning day hear, 



1648] NEW HAVEN COLONY EECOEDS. ' 421 

Mr. Davenport spake to him to gitt helpe, & come & vndersett 
the house, & prepare it so that the men might goe to worke 
when they came. He told Mr. Davenport it was trayning day, 
therfore would have done it vpon the last day before, but Mr. 
Davenport was not willing to haue his house lye open vpon 
the Saboth day, but said, lett him gett men and he would 
freely paye the fines if the towne required it, so he spake to 
two or three before whoe helped him in the worke, but he 
came not at the company that morning. 

Mr. Malbon answered that he cannot name the pticular 
pson that told him, but he was sure he was told so, & when 
the company came to his house for the cullars, their was 
much stirr in the company about it & they was offended at it, 
insomuch as some said if this was put vp they would trayne 
no more. That their was a great stirr in the company aboute 
it, Leivtenant Seely, Ensign Newman & the clarke & others do 
witnes, but that Sariant Munson was at the company that 
morning they cannot saye. 

The court told Sariant Munson that it seemes their was 
some mistake in the buisenes, but had he caried it so highly 
as to take men away and saye he would answer it, they should 
have bine much offended at it. 

Mr. Evanc, atturney for Phillip Galpin, informed the court 
that aboute a yeare agoe Mr. Pell, as Mr. Leach his agent, 
was ordered by this court to paye to Phillip Galpine, or elc to 
the treasurer, a certayne some of money due from Mr. Leach 
to Nathaniell Drapr for wages in his servic, and given by will 
by Nathaniel Drapr to the said Phillip Galpine, w^h is not 
payde, & now Mr. Leach himselfe being pi'sent refuseth. 

Mr. Leach was called to show the reason he pd it not, he 
answered that he had payde it allreadie to Mr. Sellicke in the 
Baye, & it was given him by another will of Nathaniel Draprs 
made after this will wherin it is given to Phillip Galpine, as 
appeares by the oath of one Goodwife Tillson of Vergenia, 
now p^sented in court. 

Mr. Evanc saith that this Goodwife Tillson whoe is the wit- 
nes is a ptye, & had a part of Nathaniel Drapprs estate, 5' at 
least, as Mr. Sellicke acknowledge th, and he desired libbertie 



422 NEW HAVEN COLONY RECORDS. [1648 

of the court till Aprill next to bring in oath of the trueth of 
it, W^h was granted : 

[226] II The court required that the money be pd according 
to order. Mr. Leach desired that he might not pt w'h any 
more, seeing he had paide it allreadie, w^h the court was will- 
ing to forbeare, provided he put in securitie, and he ingageth 
himselfe, the house & home lott, and six ac^ of land he bought 
of Thomas Kimberly, for the money, W^h is aboute eleven 
pounds. 

Mr. Evanc declared to the court that according to the court 
of magistrats order and his ingagment, he now p^sented Jer- 
emiali How to the court & hoped he should be freed from his 
ingagment. 

The Governor told Jeremiah How that he heard sine the 
court of magistrats that he went to Mr. Goodyeare to have 
the irons taken of, but he refused, and that he told the mar- 
shall beforehand that if the prisoner* escaped it was not his 
best way to deliver the letter, so that it seemes he thought 
beforehand what to doe. Jeremiah How answered that Mr. 
Goodyeer being at watter-side, he asked him if the irons 
might not be taken of, & for the not delivering the letter, 
those words was occaisioned by the marshall, for when he 
brought the letter, Mr, Kitchell of Guilford was by, and Jer- 
emiah How said that the letter might l^e a snare to him, to 
deliver it if the prisoner should escape, and the marshall said 
ao-aine he hoped he had more witt. The marshall acknowl- 
edgeth that he spake words to that purpose, for W^h he was 
reproofed, V)ut saith that they was iirst occaisioned by Jere- 
miah How, luit Jeremiah acknowledgeth that in his hart, out 
of a foolish pitty to y man, he was willing to his escape. 
The governer told Jeremiah How that he had deneyed this, 
he answered that he remembers it not, he desired to have 
favour showne him in his fine, Ijut for that the court reffered 
it to y<= court of magistrats. 

John Moss atturney for John Charles declared to the court 
that aboute three yeares sine or more, Jn" Charles sold vnto 



* The prisoner, James Turner, was a fugitive from the Dutch. See appendix Q. R. 



1648] NEW HAVEN COLONY RECOEDS. 423 

Jn° Megs a certaine quantitie of hides, to the vallew of aboute 
fourty pounds, to l)e paido for them the next Michelhnas fol- 
lowing, but cannot gett his paye for them to this day, therfore 
desires the justic of the court, 

John Meggs answered that he bought 20 or '21 hides of 
John Charles, and he was to paye for tliem when they were 
tanned, w^h hath not bine till now, & now he intends to paye. 
The plantiife replyed that the tanner saith that some of Jn" 
Charles his hides, & yt the best of them, hath bine tanned long 
sine & fetched awaye hy Jn" Megs, and that these Av^h now 
Jno Megs saith are Jn" Charles his hides are tlic last of a 100 
hides w^h were a tanning, of Wh Jn^ Charles his hides were 
but a part ; but it appeared that the matter was not readie for 
tryall, the plant' wanting some witnes Wh maye give liglit in 
the case, and the defendant deneying what is alleadged. The 
court refered it, l)ut in the meanc time ordered ^lat if Jn° 
Megs can put in securitie in leather for 40', wh is to be laid 
at M. Gilberts, & pd for to Jn" Charles as it is fetched away, 
and damage beside for the time it hath bine due sine Jno 
Charles went into the Baye, or if he have not leather inoughe, 
if M. Gilbert, whom Jn" Megs propounds will be l^ound for y^ 
rest so that the debt may be secured, that then Jn° Megs 
have the leather in question, if not, that then the leather be 
attached & not medled w'h till Jn° Charles come lionie, which 
his wife thinkes will be next weeke. 

Mr. Malbon informed the court that aboute 8 yeeres sine 
Edmund Tooley showed him a note vnder Jn" Dillinghams 
hand, wherin Jn^ Dillingham testifyeth that Lawranc Watts 
told him that if he dyed before Edmund Tooley he would give 
the sd Edmund his estate. 



A Generall Court the 3'^ qf January, 1648. 

The Gouerner informed the court that the deputies whom 
they appointed to looke to theij- publique workes for the towne 
have called workemen together & considered this meeting- 
house & find that three of the pillars are rotten & should be 



424 NEW HAVEN COLONY RECORDS. [1648 

supplyed w'h new ones, allso y^ groimdsells are rotten & 
needes new ons, beside the raine beates in at the sides and 
needes to be clapboarded; they have allso considered w^h them 
of the charge, & find, as Ijy a noate given in by the workemen 
appeares, that it will be above 80', beside some other charges 
of ropes, vnderpining the groundsells, & worke aboute the 
seates, & what elc they cannot foresee. Now the charge being 
so great, they were willing to advise w^h the towne aboute it, 
to know wheither they will have these things done, and how 
they can pvide paye to discharge it. 

It was propounded by some wheither it might not he for- 
borne another yeare, the workmen were desired to speake & 
informe the court. William Andrewes said that he thought 
it was not safe to defer it another yeare, and Thomas Munson 
said that he durst not give counsell to detfer the repairing of 
it. Jno Basset propounded some other way how it might be 
done and not take awaye these pillares to put new in, & allso 
for less charge, whervpon the court ordered that the worke- 
men doe againe meete, viz'', William Andrewes, Thomas Mun- 
son, Jervic Boy kin, Jn^ Basse tt, Robert Bassett & George 
Laremore, Jonathan Marsh & Thomas Moris, & that Jn" 
Wakefeild keepe the mill till Geo : Laremore attend this meet- 
ing & be pd by y^ towne for it. The workemen are to con- 
sider wheither the house maye staye safely another yeare 
w'hout repaires, if not then how it maye be best done for most 
safty to the towne and least charge, allso wheither the tower 
ct turrett maye safely stand and will not in a short time de- 
caye the house, and if taken downe, then what will be the 
charge of that and to make the roofe tight & comely againe, 
and when these things are prepared ther maye be another 
court. 

It was desired that if any in the court knew of any place 
wher their was good trees for clapboards, they would informe 
that they might be for the townes vse. Sariant Fowler a 
Phillip Leeke spake of some they knew of, and Sariant An- 
drewes was ordered to goe along wUi them or any other that 
knowes of any, & sett the townes marke vpon such trees as are 
fitt for the townes vse, that no bodey elc may medle w*h them. 



1648] NEW HAVEN COLONY EECORDS. 425 

It is ordered that the court w4i Mr. Evanc & M. Wakemari 
audit the treasurers acc° for y^ yeere past. 

The governer informed the court that a while siuc the ptic- 
ular court was informed of a miscariage of Sariant Munsons, 
that hee came to the company & tooke awaye some men vpon 
a trayning day morning to goe to worke to Mr. Davenports & 
said he would answer it, but he saith the thing was not so, 
therfore if any in the towne can charge it vpon him they are 
desired to speake, if not that then he maye be cleared & men 
be more warey how they expresse themselues, but none spake 
to charge him but rather to cleare him & so it was past by. 

It was desired that all that have a desire to have any of y^ 
absent lotts would give in their names to j^ secretarie & what 
they doe desire & where. 

[227] II It was propounded that some course might be setled 
about an ordinarie, William Andre wes said he was vnprovided 
& vnless the towne afforded him help he could not keepe it. 
It was then said that Jno Herriman hath bine propounded and 
is willing, whervpon the court ordered that Jn" Herriman and 
his wife keepe the ordinary for this towne till the court see 
cause to alter it. 

William Andrewes was asked if he desired any time to 
keepe it still to clear things of his hand, he said no, but onely 
libbertie to drawe a pipe of wine w<=h he is to have of Mr. 
Westerhousen, w°h the court granted. 

John Harrimau was asked if he had not drawne wine 
w^hout order. Mr. Goodyeare said that they had for him 
drawne wine for the seamen w^hout order, but he submitts to 
the court. 

The towne was informed that next second day it is appoint- 
ed that armes shall be viewed heare at the meeting-house, 
therfor the was wished to make their appearanc. 



A Generall Court the 8^'^ op January, 1648. 

The workemen that were desired last court to view the 
meeting-house & consider of the best way how it might be 
64 



426 NEW HAVEN COLONY RECORDS. [1648 

repaired for ye supporting of it, William Andrewes spake for 
liimselfe and the rest & said, that they conceived that the best 
way was to put in some halfe pillars, w'h a crose beam and 
braces w<=h shovild vphold the roofe and strengthen the house, 
and so lett the old pillars stand still. It was propounded by 
some whether the putting in of new pillars would not be as 
cheape and better, whervpon the workemen considered of it 
againe, and againe delivered ther judgments that the best way 
to doe it was w*h halfe pillars and lett these as be vp stand, 
whervpon the court ordered that it should be so done. The 
court desired to know what the charge Avould be, William 
Andrewes said they had considered of it & thought that beside 
the stoning vnder the old pillars, they stoning vndcr the new 
worke they now sett vp, the charge would be 20i. 

The treasurer propounded that Aprill rate might be paid 
l)eforehand, but the court was not willing till the former 
treasurers acc^^s was audited. 

William Jeanes was freed from the court to goe to mill for 
the townes ocasions. 

Robert Hill propounded to the court that he might be freed 
from trayning, but the court thought it not meete, but ordered 
that he attend traynings as others doe till some further weak- 
ness appeare vpon him. 

It was propounded that wampome w^h is not goode might 
goe at 7 a penny and that w^h is good tradeing wampome at 6 
a penny, but.it was respited to further consideration. 

John Cooppr acquainted the court that he finds great diffi- 
cultie in viewing fences, because some are gone out of townc 
& others a goeing, & leave none to take order aboute their 
fences, (and the treasurer added, nor aboute payeing rates,) 
wherby great damadge comes, and he knowes not wdiether to 
goe to have it helped ; ther was mentioned Thomas Fugills 
lott. Job Hall, John Gregory, SamucU Willson, Thomas James 
& some of Millford. The court thought it worthy of consider- 
ation, and ordered the marshall to warne Jobe Hall & Sam- 
uell Willson to come Ijefore the governer that some order 
might be taken wUi them before they goe, and the secretarie 
had order to wright to Thorn : James & Jn^ Gregory & those 



1648] NEW HAVEN COLONY RECORDS. 427 

of Milford that haiie lotts lieare, to come & take order aboute 
ther fences & rates. William Bradley was to be warned to 
come & speake w'li the governer aboute Abraham Smiths lott, 
and Allen Ball being p^sent said for Thomas Fugills lott Mr. 
Evanc had order about that. 



A Generall Court the Sl^h of January, 1648. 

The Governer acquainted the court that the comitte they 
appointed to dispose of the absent lotts have done it, and now 
(though they left it wholly to the comitte,) they thought good 
to acquaint the towne w'h what was done, that it might be 
entred vpon their heads wlioe accept it & rates pd accordingly, 
& that for the outland of the second devission & the meddow 
of M. Roes lott & Mi'is Eldreds, it is not disposed of, but the 
comitte thinkes to dispose of it to men fitt for farmes to gett 
corne and breed catle for the publique goode. A note how 
the land was disposed of was read to the court and approved, 
& y^ termes it is granted vpon is in fo: 223. 

Phillip Leeke said he accepted not of the six ac^ allotted to 
him out of M^'s Eldreds lott, and Joseph Nash refussed three 
ac^ granted to him ther. Andrew Loe desired the 6 ac'"*' 
Phillip Leeke refused, and Jn^ Vincon the three ac^ Joseph 
Nash refussed, and the court granted them ther desire in it. 

The Governer acquainted the court that he heares notw^h- 
standing the order aboute fences, men take not care to doe 
what they might to keepe them vp so as to keepe catle out of 
the corne, whervpon the court ordred as a confirmation of 
their former order, that those w^h haue had ther fence defect- 
ive before this time be warned to the next court, & if it be not 
sufficiently mended before y^ next court following, that then 
they be againe warned to y^ court & a more severe fine laid 
vpon them for such neglect. 

Mathew Camfeild desired the court would grant him a small 
pec of meddow W^h lyes at heither end of the west meddow, 
ouer against the oyster bankes, aboute two or three ac^ 

Richard Beech desired a small pec of meddow in a cove on 



428 NEW HAVEN COLONY RECORDS. [1648 

ye west side next his owne, but it was said in y« court that it 
is lotted out allreadie. 

Thomas Munson, Jn" Basset, Robert Basset, William Peck, 
Thomas Mitchell desired they might have some meddow 
granted them out of a pec wh lyes by Livtenant Seelyes, 
neare y*' blacke rocke. 

Richard Milles desired that he might have his meddowe 
w^h lyes in sollatary cove exchanged for so much in Oyster 
Riv^er. 

Leivtenant Seely and Jn° Brocket were desired to view 
these severall pcells of meddow and report to the court how 
they find them ; they are to be pd for their paines by them w^h 
shall haue the meddow granted to them. 
[228] II Mr. Crane desired the court would consider some 
course that good bulls might be bred and they W^h breed them 
might have just consideration for them ; the towne was desired 
to consider & prepare it against next court. 

John Livermore acquainted the court that he desired to 
exchange his land at the west bridge for that granted him out 
of Mr. Roes lott, but was told that the land in M. Roes lott is 
granted to him vpon the condition as other lands are granted 
out of the absent lotts ; that is, if he remove in five yeeres out 
of the towne it returnes to the towne againe, but for that at 
the west bridge, if he would exchange it he should haue as 
much granted to him as neare and convenient. He desired to 
consider of it & he would tell y<^ governer. 

The towne was desired to see they be provided of ladders, 
elc they will fall vnder the fine. 

Samuell Whithead is appointed to goe w^i Jn° Coppr to 
view and judge of fences, w^h are good & w^h not, and to val- 
lew & prise the fenc belonging to j^ absent lots what it is 
worth at pi'sent. 

The governer acquainted the court that the comittee they 
appointed to dispose of the absent lotts (vpon William An- 
drewes & Jn" Coopprs request,) desired Mr. Crane, Richard 
Milles and Francis Xewman to viewe some meddowe one the 
east side Wh they desire, it lying neare ther vpland, they in- 
tending and Sariant Beckly to goe to live ther. And the said 



1648] NEW HAVEN COLONY RECORDS. 429 

viewers informed the court that ther is some meddow neare 
ther land and some further of, maye be to y ^ quantity of 40 or 
50 acs; allso some vpland grase, two or three mile of from 
them, wher it maye be some haye maye be cutt, w^h they 
thinkc the court maye grant w^hout prejudice to them. But 
because the court would not grant they knew not what, they 
appointed Jn^ Brockett to goe w^h some of y"^ w^h could show 
him what they desire, and take notice both of the manner of 
lying & place & quantity & report it to y^ court. 

Leivtenant Seely propounded to the court that he might 
haue libbertie to goe abroade if opportunity p'sents, for some 
time to provide for his family, though it should for the p'sent 
take him of from performing his place as he is leivtennant, but 
it was respited to another court. 



A Court held at Newhaven the G'h of Feburary, 1648. 

John Herriman was called to answer for drawing wine by 
retayle, before he kept the ordinary, w'hout order. He an- 
swered he did it for Mr. Goodycre, but wherin he hath done 
any thing contrary to order he leaves himselfe w^h the court ; 
he was asked if he did not owne the thing, he said ther came 
severall that pleaded necessitie, and said they could not be 
supplyed elc wher, w<=h had some, & he did lett the seamen 
w^h worked aboute the shipp have some betwixt meales, but 
he was told if he would confess no more, it might be proved 
that he sold out of y" house, out of cases of necessitie, for 
Robert Bassett sent and had wine two or three times, he said 
he knew not that Robert Basset had any but vpon M. Good- 
yers acc°, but was told yes for he sent his money for it. He 
said he left himselfe w'h the court, but because Mr. Goodyere, 
whoe is somewhat concerned in the thing, is not now in court, 
it was respited. 

The court declared themselues that Jn° Herriman paye his 
fine of 5s laid vpon him before by this court for not bringing 
his amies to y<^ meeting one Lords day. 

John Walker, Jno Harriman, William Andrewes, Christi- 
pher Todd, Mr. Goodanhouse, Mr. Evanc, Mr. Westerhousen, 



430 NEW HAVEN COLONY RECOKDS. [1648 

Robert Hill, Samiiell Willsoii, Mr. Attwatter, James Russell, 
Thomas Wlieeler, William Davis, M^'s Gregson, Mr. Gilbert, 
William Pecke, Richard Maiisfeild & Edward Parker (18 in 
all) each of them fined 12'' for not bringing their waights & 
measures to be tryed vpon the day appoynted. 

Samuell Willson passeth ouer to Thomas Powell his house, 
home lott and barne, and all the commonadge W^h belonged 
to him by buying that house of Edward Wigelsworth, w^h was 
all but a quarter pt, w^h he sould to Jeremiah Whitnel before. 

Samuell Willson passeth ouer to James Bishop 6 ac^ of 
land lying in the Yorkesheire quarter, betwixt the land of 
Thomas Powell and Thomas Wheeler. 

Christipher Tood passeth ouer to John Tompson the house 
& home lott, wUi all ye meddow & vpland he bought of Mr. 
Higginson, excepting 9 ac^ in y^ 3<i devission w^hin ye two 
mile and the comonadge. The severall pcells lie passeth is 24 
ac^s in the necke,* 1 pec of meddow of 5 ac^ be it more or 
less, & 20 acs in the 2^ devission. 

Francis Browne passeth ouer to Henry Glover 10 ac'-'* of 
land at the plaines, lying betwixt the land of Ralph Dayton 
& the common. 

Edward Wiggelsworth passeth ouer to Christopher Todd 
16i acs of meddow lying in y^ cast meddow, on this side 
the river, betwixt the meddow of Mr. Goodanhousen eastward, 
& Thom : Fugill westward ; and 26 ac^ of vpland lying 
against it, and foure ac'' and a lialfe in the necke. 

Luke Atkinson passeth ouer to Richard Beech all his med- 
dow in the west meddow beyond ye river, betwixt Hartford- 
sheire quarter & Richard Beeches wives lott, w^h was Andrew 
Hulls, one end butting vpon the river, ye other end runnning 
into the further cove. 

John Moss passeth ouer to Mathcw Moulthrop 3^ ac^ of 
vpland on ye west sid. 

Richard Beech passeth ouer to Mathcw Moulthrop one ac" 
& a halfe of meddow lying, 1 ac of it in ye west meddow on 
this sid ye river, fronts vpon Mr. Lambertons vpland, ye reare 

* In the margin. "Tliis 24 ac is \)t of y 2t'i devisioii & is but 3'' an ac rats." 



1648] NEW HAVEN COLONY RECORDS. 431 

to ye river, a highway through ye meddow to ye north, Mathew 
Molthrop on y^ south, h ac"" in Sollatary Cove not laid out. 

Mathew Moulthrop passeth ouer to Henry Glover on ac of 
the same meddow. 

Mathew Molthrop passeth ouer to Richard Osborne his 
house, home lott and barne, before the governor the 21^^ of 
January 1648. 

[229] Widdow Halbich delivered into the court an invento- 
rie of the estate left by her husband, Arther Halbich, deceased, 
amounting to 43^ 14^ lO'^', prised by Rogger Allen and Samu- 
ell Whithead vpon oath, the 31th of January 1648. 

Widdow Tompson, the late wife of Anthony Tompson, de- 
ceased, being called to give in securitie for the i)ortions given 
to y^ chilldren by her husbands will, doth in court ingage the 
house, land & whole estate left by him, for securitie. 

William Basset wlioe hath married the widdow of William 
Ives deceased, being called to give in securitie for y^ portions 
of the chilldren, according to the Avill of William Ives, doth 
in court ingadge the whole estate w^h was left by him y^ sd 
William Ives, & will not alter any of it till he acquaint the 
court w^h it <fe put in as good an estate as he shall dispose of. 

Francis Browne was complained of for absenc at a generall 
court. He said he conceives it was aboute the fery w^h oca- 
sioned it, whervpon the court past it by. 

Jn° Cooppr informed the court that Mr. Malbons quarter 
had not marked ther fenc, whervpon they was fined 20% w^h 
was after remitted by y« generall court. 

William Russells was complained of for absenc at a gener- 
erall court. He said he was at worke at y^ shipp, vpon w^h 
ground he was freed, by a generall courts order. 

Mr. Leete & Mr. Jordan, atturneyes for y^ towne of Guil- 
ford, informed the court that allmost a yeere agoe ther was a 
sentenc past in this court against Mr. Jn^ Cefinch, for a some 
of money due to y^ towne of Guilford for certayne rates, w^h 
some hath bine sine severall times demanded, but Mr. Cefinch 
refusseth to paye, whervpon the proceedings of that court was 
reade, wherin it appeared that Mr. Cefinch for want of proofs 
was cast in his suit, but now saith that he can prove that that 



432 NEW HAVEN COLONY RECORDS. [1648 

order made at Guilford, (mentioned in y" former court,) was, 
that if any went away, his accomodations should be left in the 
townes hand to paye all rates, and for that purpose produced 
a letter from Henry Goldham of Guilford, whoe testifyeth 
therin that the order was that if any man was called to re- 
move out of the towne, not disposing of his accomodations, it 
should remaine in the plantations hand to y<^ payement of all 
rates in generall, till the owner dispose of it other wayes. 
Further Mr. Cefinch saith he hath other proofe, but produceth 
none. 

Mr. Leete & Mr. Jordan replyed that it was not so, but 
onely for ministers mayntainanc & that they can prove abund- 
antly by the planters in the towne whoe did make tlie order, 
none w^hout two or three desenting, wherof Mr. Cefinch was 
one. And the ocasion of that meeting makes it appeare, W^h 
was not aboute towne rates but ministers maintaynanc, for it 
was when Mr. Higginson was vpon comeing to Guilford, he 
desired to know what certainty he should be at for his main- 
taynanc, and desired the towne might meete & consider of it, 
so they did, and after men had vnderwritten what they would 
give, it was propounded how this they had vnderwritten should 
be paide, in case any did remove out of the plantation. Mr. 
Leete answered for his pt he was willing, in case he did 
remove out of the towne, to leave his accomodations vnder 
the power of the place to make vse of as they shall see cause, 
to secure that w^h he had vnderwritten ; and after, the towne 
generally spake that they was willing to doe so. Mr. Cefinch 
objected that the order was not penned in ye meeting. Mr. 
Leete answered that it is longe agoe & he cannot fully saye it 
was, Imt the issue and result of the meeting was drawne vp 
and the plantation acquainted w4i it afterward and approved 
it. Mr. Cafinch was told that for want of proofe he was cast 
in the last court and had warning to provide it against this 
court, & yett it is not done, therfore the court agreed & 
ordred as before, that Mr. Cefinch paye to the towne of Guil- 
ford the rates that appeare to be jugtly due to them, & that 
he paye 20^ for charges w^h the plantiffe hath bine at in fol- 
lowing the suit. 



1648] NEW HAVEN COLONY RECORDS. 438 

Henry Bishop was called, to know whether he had not dis- 
posed of some pt of the corne W^h was ingadged to Mr. Dav- 
enport by the court of magistrats, he said when he had 
tlireshcd about 20 bushells of rye he came for sackes to bring 
it liome but could not liaue them, wherby he suffered mucli 
loss, for the farmers hoggs & henns got into j^ barne & made 
great spoyle of it. But he was told if the farmers haue done 
him wrong they must answer it, but Mr. Davenport, thoughe 
lie hath bine willing to provide what sackes he could, yctt he 
is not tyed to find sackes, as appeared by the covenant w'=h 
was read. 

Farther, Mr. Crane, one the behalfe of Mr. Davenport, 
informed the court that ther is 4' 14s g^ due to Mr. Davenport 
from Hen : Bishop vpon acc"* for corne, W^h Mr. Davenport 
rcquireth in corne according to his covenant, but Hen : Bish- 
ope refuseth. 

Henry Bishop saith that he had offered wampome and that 
was refused, after he was to paye in catle & Mr. Crane and 
Goodman Milles came to his house to prise a steere for it, but 
they agreed not in y^ price, then they questioned him aboute 
two calues if he was willing to part wUi them, he said he was, 
but Mr. Crane for Mr. Davenport was willing if he brought 
good wampome in three weekes it should be accepted, if not, 
y" he was to have the calues. Mr. Crane replyed it was not 
so ; it is true indeed that they went to prise a younge beast for 
this money but could not agree, and allso that he said if he 
brought good merchantable wampome in three weekes it should 
be accepted, but that if he fayled Mr. Davenport should take 
the calues he denyes ; but because Hen : Bishop was to drive 
awaye certayne catle to Fairfeild to wintering, w^h stood 
ingadged to Mr. Davenport, out of favour to Hen : Bishop he 
was willing tlie two calues should stand as ingadged to Mr. 
Davenport for securitie, but Henry Bishop failing in bringing 
the wampom to this day, & now the necessites of Mr. Daven- 
ports family requiring it, he demandeth it in corne, as justly 
he maye, the covenant bindeing the farmer to paye to Mr. 
Davenport what shall be due to him at the end of his time, 
out of the stocke of catle & out of the corne, & of 211; 4 : 8'^, 
55 



434 NEW HAVEN COLONY KECORDS. [1648 

(twelue pounds of w^li was for come,) Mr. Davenport hath 

taken 16' 10^ in catle and requires the rest in corne, W^h he 

conceives is a great favour to the farmer. 

[230] Richard Milles saith that the two calues was to stand 

ingadged for securitie, hut was not prised to satisfye the 

debte. 

Henry Bishop was asked if he had any witnes, he produced 
his brother James Bishop, whoe saith that he app'"hended if 
his brother pd not the wampome in y^ time appointed, that 
then the calues was to goe for satisfaction so farr as they 
would reach, but he could not take oath of it. Hen. Bishop 
was asked if he had any other proofs, he said no. The court, 
because 3 of the deputies was some way interested in the case, 
and Mr. Gibbard was not cleare in some thing, respited it till 
they might have more help. 

Henry Bishop declareth that he hired a cannow of James 
Russell for his ocasions, & Jn^ Moss and Isacke Whithead 
tooke it awaye & brought it not againe, but broke it, wherby 
he was damnifyed. John Moss saith it is true they tooke the 
cannow away, but it was a mistake, for they had spake to 
Allen Ball for his cannow, and he told them that if Mr. Gil- 
bert had done wUi it they might have it ; they inquired and Mr. 
Gilbert had done w^h it, so as they was goeing vp the river w^h 
the lighter, Isacke Whithead knowing wher Aliens cannow 
laye, went to fetch it, and when he came to the place ther was 
two, and it being in the night, and darke, mistooke, & did 
take the wronge cannow ; so when morning came they saw 
they had mistaken ; the wind blew pretty fresh, & the cannow 
w'h shoring gott betwixt the banke and the lighter, & the 
lighter fell foule on it and brake it ; so when they saw what 
was done they made inquirie whose it was, resoluing to paye 
for it, and hearing it was James Russells, spake w'h him and 
offered him satisfaction ; he required that the cannow should 
be made as good as she was, and they did mend her, but after 
vnderstanding that Hen : Bishop had hired the cannow, they 
spake w^i him and offered to paye for the cannow <fc allso for 
what damadge he had suffered, but he would not accept it, 
but said he would haue it in y^ court, & yesterday, after he 



1648] NEW HAVEN COLONY RECORDS. 435 

was warned to y^ court, Isacke & he tooke Thomas Meekes and 
went to Henry Bishop and offered him as much, but he 
demanded 3^ a weeke ever sine y^ cannow was taken away, 
and that the cannow be pd for, and 10^ for takeing it away as 
a breach of order. 

Thomas Meekes testifyeth that he heard Jno Moss and Isacke 
Whithead offer Henry Bishop to satisfye Mr. Russell for the 
cannow and give him 3*^ a weeke for his damadge, and for y^ 
10^ for breach of order, they see no ground for it. Thomas 
Meekes asked Henry Bishop why he would have it to the 
court, he said onely for the 10^. Henry Bishop was told by 
the governer that ther is no ground that they should paye the 
10% for it was against their wills they tooke it, the law of God 
requires no more in higher cases, even in case of blood, if the 
will be not in it he shall not dye. The sentenc of the court 
is that the defendants make good the cannow & paye just dam- 
adge to Henry Bishop, but that Henry Bishop beare the 
charge of the court himselfe. 

Peeter Mallery and his wife was called before the court & 
was charged w^h the sinn of vn cleanness or fornication, a sinn 
w^h they was told shutts out of the kingdome of heaven, w'li- 
out repentanc, and a sinn w^h layes them open to shame and 
punishment in this court. It is that w<=h the Holy Ghost 
brands w^h. the name of folly, it is that wherin men show 
their brutishness, therfore as a whip is for the horse and asse, 
so a rod is for y«= fooles backe. They confessed ther sinn, 
and desired the court to show them mercy in respect of ther 
bodies, she being weakely, & for ought is knowne, w'h child, 
and he subject to distraction, haueing sometime bine distem- 
pered that way. W^h things the court considering, thought it 
most meete to punish by fine and not by corporall punishment, 
and therfore ordred that they paye 5^ as a fine to the towne, 
and that they be imprisoned during the courts pleasure, & 
that they be brought forth to the place of correction that they 
maye be ashamed and that it maye appeare the corporall pun- 
ishment is remitted in respect of mercy to ther bodies, but 
w'h the same hatred of the sinn as if the correction was laide 
onn. 



436 NEW HAVEN COLONY RECORDS. [1648 

Mr. Crane haueing had an attachment "vqion y'' come & 
catlc of Francis Hall to the vallew of 24', declared in conrt 
that 18' of it was dne vpon acC* by arbitration, and 40^ was 
due to Jno ^Yhithead liis servant, w^h was ordred by this 
court for Fran : Hall to paye, w'h is 20', the other is for secu- 
ritie till Francis Hall have done sundry repaires vpon the 
farme, aboute houses and fences, & cut and made some haye 
W^h he hath ingadged himselfe to doe next haye time, ther- 
forc desired that some might be appointed by the court to 
prise the catle for his satisfaction. Francis Hall desired it might 
be forborne till he had threshed out his corne, and what he 
makes not paye of then to his satisfaction, in corne or porke, 
or other good paye, he is content it should goe this waye. It 
was propounded to Mr. Crane & Francis Hall if they were 
both willing that the catle should be prised to the vallew of 
20', and if in a monthes time Francis Hall doe paye in corne 
or wampom or porke w'^h is currant & merchantable, such as 
maye be pd to other men, then the catle to be released, Fran- 
cis Hall payeing for the keepeing of them if he redeemc them, 
and for the rest of the attachment, that it stand till other 
things be cleared. And they both declared themselues wil- 
ling, and the court appoynted Richard Milles & Francis New- 
man to prise the catle & that to y^ vallew of 21', for 20^ w^li 
Francis Hall was fined to the towne w^as by both ther consents 
added, & Mr. Crane is to paye it to y^ towne againe. 

John Livermore, Hen: Gibbons, & M''s Rotherford, Addam 
Nickholes, the Yorkesheire quarter & divers w<=h rent ground 
in Mr. Evanc his lott, were fined for neglect of ther fences, but 
it was remitted by the generall court afterwards. 

Mr. Crane and Francis Newman were desired to call some 
workemen to them, and they together to view Robert Parsons 
house what repaires it wants to make it tennantablc, and what 
it is worth a ycere to lett, that AVilliam Pecke, if they can 
agree, maye hire it, the repaires being pd out of the rent. 

^Ir. Evanc being called to answer concerning Thomas Fu- 
gills lott, whose fenc is downe, ansAvered that he had nothing 
to doe w'h it in that kind, for Mr. Cockerill gave Mr. Leach a 



1648] NEW HAVEN COLONY RECORDS. 437 

letter of atturiiey to receive it into iiis hand, & he hath deliv- 
ered it vp, wrightings and all, to him. 

[231] II Mr. Pell was warned to this court & Mr. Powell 
appeared for him, and said that his vrgent ocasions felVout so 
that he could not appeare himselfe, but he submitts to the 
court. He was told that this cariage hath bine full of highe 
contempt, (on Mr. Pells pt,) against the court, w^h he must 
answer. For he hath neither brought in his line nor appeared, 
thouglie he hath bine warned to doe it. 

Richard Mansfeild, John Tompson, Andrew Loe was com- 
plained of for thcr fenc lying downe the most pt of the last 
sumer, & yett it is not vp, 20 post, Rich. Mansfeild, 12 post, 
Andrew Loe, 6 post, Jn" Tompson, as Jn" Cooppr informes. 
They answered that it was a midle fenc, & some of the quar- 
ter was in demurr for some time wheither to haue it main- 
tayned or taken awaye, vpon W^li consideration the court 
ordered that they paye but 12^^ a post for y^ whole time past. 

John Mcggs desired the court to forljeare his two fines of 
20^ apece lie hath bine fiiied by this court. The court told 
liime they would give him 6 monthes time if he could put in 
securitie. 

James Till allso being warned to show cause wliy he pd not 
his fine of 40^ laid vpon him for sundry miscarriadges, specially 
for contempt of the court, desired the court to forbeare it six 
monthes. He was told if he put in securitie it should, elc the 
marshall must attach for it, but for securitie Jn" Tompson 
ingadgeth himselfe for 45^ to see it pd in that time ; the five 
shillings is for another fine now laid vpon James for leaning 
open a length of rayles into a corne feild. 

An inventorie of the estate of Lawranc Watts* deceased was 



* " An Inventory of the goodes of Lawrance Watts taken and apprised the SV' of 
January, 1644." 

Sum £8, 1, 11. 

A debt of Addain Nickholes £0, 4, a debte of Si-jant Becklyes £0, 2. 

Debtcs pd for him out of this estate. To Thom Gregson £0, 11, 6. To John Dil- 
lingliam £1, 12, 6. To Goodman Hitclicocke £0, 4. To Luke Atkinson, £0, 18, 7. 
To Goddman Budd £0, 10. To Allen Ball £0, 2, 6, 

Goodman Tharp had of theise goods £0, 5, 6. Goodman Kimberly, Browne & 
Tharp had of theise goods £2, 6, 1. The rest which £1, 11, 3, — 23^ was lost in 
the goods ; the rest which is 29" 4'', I am to paye. Thomas Gregson. 



438 NEW HAVEN COLONY RECORDS. [1648 

p''sentecl in court, amounting to ^ vnder the hand of 
Mr. Thomas Gregson. 

Edmund Tooly whoe layes some claime to y'^ estate, p''sentcd 
Samuell Hodgkines for a witnes, whoe testify es that he heard 
Lawranc Watts saye that if Edmund Tooly caried himselfe 
well, he thought to leave what estate he had w^h him, if j° 
Lord tooke him awaye before Edmund. 

Mr. Theophilus Eaton one behalfe of his brother Mr. Sam- 
uell Eaton, passeth ouer to Francis Newman the houses, home 
lote w^h all accomodations & fences belonging to it AS^*^h was 
M. Samuell Batons lott, given him by the towne at first. 

Mr. Evanc propounded to y^ court that the fine of 40^ laid 
vpon William Badgard for his disorder might be remitted, for 
tlioughe he vndertooke to paye it, yett he is now runn awaye 
in his and the rest of the owners debts, but the court did 
nothing in it. 



A Court held at Newhauen the 6*^ op March, 1648. 

Mr. Crane and Francis Newman informed the court that 
they had according to the courts desire called in William 
Andrewcs to them, & that they together have considered of 
Robert Parsons house, and find that ther wants divers repaires, 
but thinke that a yeers rent maye make it tennantable for a 
while ; they thinke the rent maye be 50^ a yeere. William 
Fecke whoe was to hire it said it was too deare, but yett was 
willing to take it & did, vpon condition that he repaire it out 
of y«= rent, & keepe acc°S that if he expend it not all, he maye 
then make it vp, but hath not libbertie to goe beyonde the 
rent, & if the court hears of none in y^ compass of this yeere 
that layes claime to the estate, they will then consider of it 
againe. 

William Andrewes was desired to joyne w*h Thom : Mun- 
son & Jcrvice Boykine to prise the house and lott of Robert 
Preston. 

Debts owing to Lawrance AVatts. George Ward £1, 12, 6. Edmund Tooly .£2, 
19, 2. Goodman Booth, Mr. Fugill, Mr. Ling £0, 2, 6. Goodman Mansfield, Good- 
man Chapman £0, 2. - 

" Mr. Evance bad the orjginall inventory and saith he cannot finde it." 



1648] NEW HAVEN COLONY RECORDS. 439 

Mary Preston widdow delivered into the court the will and 
inventorie of John Hunter deceased;* the will made the 15* ^ 
of Maye, 1648, witnessed by his owne hand and scale, and 
Ezekiel Chever and Robert Pigg ; the inventorie amounting to 
161; 04^: 08^, prised by Thomas Mimson & Thorn: Kimberly 
vpon oath for y^ valew of j^ goods, and by y^ oath of Mary 
Preston y executrix for y^ quanteite.f 

Mr. Newmans quarters was fined 20^ for not markeing 
their fences in time, but after remitted by y° generall court. 

Mr. Leach desired of the court that an end and issue might 
be put to a cause depending in this court betwixt the estate 
of Robert Parsons and himselfe, w^h it seemes for want of full 
proofe could not then be issued. The proceedings of that 
former court were read, and Mr. Leach now delivered into y^ 
court a bill vnder Robert Parsons hand, wherin it appeareth 
that Robert Parsons received of Mr. Leach goods to the vallew 
of 611 to carie to the Barbadoes & sell & to returne halfe the 
profitt & the principall to Mr. Leach, and to have the other 
halfe of the profitt himselfe, and what he cannot sell, to 
returne to M. Leach againe. Mr. Leach said that he had 
received so much of the goods backe againe as came to 26^ : 
10% and 7521 of cotton woole at 10^ p \ w^h comes to 31' : 
06^ : 08^, out of W^h he pd 5' for fraight of the cotton woole 
from Barbadoes heither. And he conceives that by his bill 
he is to have his principall made good heare, w'hout payeing 
fraight. Mr. Leach was told that ther is 8' worth of this 
goods, as a handkercher, cuffe & brest pec, w<=li Robert Par- 
sons was to sell as he saw meete, & is not tyed to make the 
principall good, and possibly he sold not that for so much by 

* Last will of John Huntei-, made May 15, 1648. 

He gives to Sarah, wife of William Meaker, twenty shillings ; to Peter Mallory, his 
best jacket; all the rest of his estate to Mary Preston, widdow, late wife of William 
Preston, deceased, and makes her sole executrix. " Sealed and declared to be the last 
will and testament of John Hunter, in the presence of Ezekiel Cheever, Robert Pigg. 

Inventor}^ taken by Thomas Munson and Thomas Kimberly; amount, £19, 11, 1. 
Estate Dr. to Mr. Peirse 10% to Mathew Gunnill 3% to Richard Beckly 8-', to Mr. Pell 
£1, charges in his sickness, coffin and burying £1, to Thom. Powell £0, 1, 4, to Adam 
Nickhols £0, 1, 3, to Richard Mansfeild £0, 1, 2, to Mr. Goodanhouse 3^. 

t In the margin. " Ezekiell Chever and Ro: Pig tooke oath y^ 4tii Septem. 1649, 
that y*= will now p'^sented isy'= last will and testament of Jn° Hunter." 



440 NEW HAVEN COLONY RECORDS. [1648 

a good dcalc, so that if that be rated at 5', he hath liis princi- 
pall aUreadie, all but 3^ : 4'^. 

The court considered the case, as it hath bine p''sented to 
them now and before, & ordred that Mr. Leach haue out of 
Robert Parsons estate 5', w^'h lie pd for fraight of the woole, 
and allso the charges of tlie court, and if he can hearcafter 
prove that Parsons sold the handkercher, cuffe, & l)rcst pece, 
for more then 5', it should be made good out of Ro: Parsons 
estate. Mr. Leach moved for execution, l)ut the court was not 
willing to grant it so sudenly, but told him y«= estate should 
not be disposed of to his loss. 

Thomas Fugill, as appeares by a noate vnder his hand, 
passeth ouer to Francis Hall 7 ac** & a halfe of land, lying 
w^hout side of the Yorkesheire quarter, next the West River, 
the meddow being on y^ on side of it. 

Francis Hall passeth ouer to Jno Meggs the same 7 ac'^ & a 
halfe of land, be it more or less. 

Mr. Crane haueing before the last court had an attachment 
vpon ye conic and catle of Francis Hall for a debt of 24', whcr- 
of 21' : 1 : ll'i appeared then cleare to y^ court, for w^h catle 
was prised by men appointed, and is now condemned in court, 
onely Francis Hall excepts against 6« in Jn" Knights acc°% 
wli Mr. Crane promiseth to allow backe, and the rest of the 
attachment stands till other differences be cleared betwixt 
them. 

[232] II Mr. Goodyere declared to the court that that wli 
Jn° Herriman was questioned for last court, in drawing wine 
w'hout order, was occasioned by him, for when the ship car- 
penters came from the Baye to worke vpon the shipp, they 
required wine to ther diet, w^h he was faine to pvide at his 
greate charge. Towards the latter end of ther being ther, 
William Andrewes prest to leave the ordinary, and proposi- 
tions was made to 3ii° Herriman in the court to keepe it, and 
then William Andrewes being wt^hout wine, some did come to 
Jno Herrimans & prest to haue some, pleading necessitie, vpon 
W^h he spake to the governer, telling him how people pressed 
for wine for ther necessitie, he said why doth he not lett them 
have it, intending to have him take vpon him the ordinary & 



1648] NEW HAVEN COLONY RECORDS. 441 

SO lett them haiie it in an orderly waye, but lie vnderstood it 
not so, but that was his error, for he told them what the gov- 
erner said, and after they did lett some folkes haue some, but 
for any disorder, he hopes none can sayc ther was any. 

The gouerner said that it is a breach of order is cleare, and 
for his pt, lie neuer intended any thing but that he should lett 
people haue wine orderly, but for any disorder he heard of 
none. 

The court considering that it is a breach of order & that for 
w^h others haue bine fined, could not pass it by, but ordred 
that Mr. Goodyere paye to the towne as a fine fo this breach 
of order 40^. 

William Basset was complained of for absenc at two gen- 
erall courts, he said for the one, he was keeping cowes, for the 
other, his wife was not well & he was faine to staye w'^h her. 
For both the court past it w'hout a fine, but ordred him to 
paye a fine of 2^: 6^, laid by this court for not bringing his 
armes to meeting one Lords day. 

Mr. Leach declareth that he sold to Mr. Joshua Atwater in 
July last, goods to the vallew of 20^, to be paide in good wam- 
pome, w^h Mr. Atwater hath not yett done, therfore desires 
the justice of this court. 

Mr. Atwater answered that it is true, he bought 20^ worth of 
goods of Mr. Leach, and promised to paye him in good wam- 
pome, and propounded 6 monethes time, but intended to paye 
in three, and when he went into the Baye in August, he mett 
Mr. Leach as he was goeing aboard and told him that so soone 
as he returned frome the Baye he would paye liime, against w^h 
he objected not but seemed to be satisfied, and so soone as he 
came home he applyed himselfe to it, but Mr. Leach was not 
at home, but in y^ meane time Mr. Gilbert, Mr. Powell & Jn^ 
Walker came to him for severall goods, Mr. Powell 4 or 5i 
worth, Mr. Gilbert 12i worth, Jn^ Walker foure pounds worth, 
and they all said they were to receive good wampome of M. 
Leach, and they would sett it of w'h him when he came home, 
so they had the goods, & when Mr. Leach came home, he went 
to him & told him that there was so much as would paye him 
in such mens hands, w'^h said he owed it them, so he might 



442 NEW HAVEN COLONY RECORDS. [1648 

take it so and save a telling y" wampom, but he refussed and 
said lie would paye his owne debts and he should paye his, so 
he returned to them againe and told them how it was, at Wh 
they marveled and after demanded ther wampome of M. 
Leach, w<=li was not all pd till w^hin this tenn dayes. And as 
they received it in paprs readie told they brought it to him & 
so he carried it to Mr. Leach p''sently, but he refussed to 
receive it. Now this he conceives is not just, that he should 
paye y* for good wamppome W^h he will not receive for good 
wam])])ome againe, when as the party es told hime that they Avas 
to paye it him y- sd M. Atwater, & that he would bring it to 
him againe. And Mr. Gilbert, Mr. Powell & Jn^ Walker 
offered to take oath tliat y^' wamppone they received of Mr. 
Leach they carried to Mr. Attwater, and Mr. Attwater offered 
to take oathc that the wampome he received of them he carried 
to Mr. Leach & he refussed it, but M. Leach desired it not, 
but said he was satisfyed w^hout oath. 

Mr. Leach replyed, he gave not 6 monethes time nor three 
monethes neither for payement, but his paye was due p'sently, 
yett did not stand vpon it for 5 or 6 weekes time, therfore he 
conceives he should liaue damadge for being w^hout his money 
so longe. 

The court told Mr. Leach that till Mr. Attwater returned 
from the Baye he was willing to staye, (he said he had rather 
haue had it,) and if he demands damadge since, by the same 
reason they W^h he owed it too maye require damadge of him, 
& it is but 4 months time at most. Mr. Atwater said he had 
offered Mr. Leach his paye & what just damadge he could 
require, & W^^ Pell could testifye it. 

Both ptyes haveing spoken what they desired, the court 
proceeded to sentenc, & ordered y*^ seeing Mr. Leach pd the 
wamppome for good, he should so receive it againe, aiid that 
Mr. Attwater paye Mr. Leach for damadge for 20^ for 4 
monthes, after 10' in the lOO^, w^h is 13^ : 4'', and the charges 
of the court, vnless he can prove that he offered just damadge 
before, & then Mr. Leach is to bearc it, because he had as 
much offered wMiout the court as he could in reason require. 

Jn" Meggs informed the court that Daniell Turner came to 
hime for a paire of shoocs & had them, and promised him a 



1648] NEW HAVEN COLONY RECOEDS. 443 

bushell of coriie w^h Richard Webb owed him, he required a 
noate vnder Richard Webbs hand, Daniell Ijroiight him one & 
told him the corne was at mill, so he sent for it and had it ; the 
day after Richard Webb came to him to know by what right 
he fetched his corne from the mill, he said by his owne order 
as appeared by his owne hand, he asked to see it & he showed 
it him, he said it was not his noate, he gave him a bill indeed 
for widdow Allen but this was a counterfit, so he required 
paye for his corne & had it, & left him to recover it of Daniell 
as he could. Further Jn° Meggs saith that Daniell hath writt 
3 or 4 severall bills for this corne w^li was p^'sented & showne 
in court, 

Daniell said he had a noate of Richard Webb to fetch a 
bushell of corne at mill, w^li bushell of meale he gave to 
Goodwife Allen & the noate to fetch it, but she could not gett 
any bodie to fetch it & gave him y^ noate againe, & he lost it, 
& after thought to dispose of the corne to Jn^ Meggs and writt 
another noate & gave him, and sent Goodwife Allen word she 
coidd not haue the corne, but was told that it was not in his 
power to dispose of, haueing given it awaye ; and it is true she 
gave him y^^ noate againe, but it was to fetch the meale for her 
& to be pd for fetching it, and therfore after to dispose of it 
againe by a false & counterfit note seemed to be a cheating 
coiisining way. 

Farther Jn" Megs said that Daniell Turner charged Rich- 
ard Webb for wrighting a noate and then deneying his hand, 
and Goodwife Allen that she found the note & demanded the 
corne, which are both vntrue & vnjust charges. 
[233] II The court considered the case as it hath bine 
p^sented to them, & thoughe they see a stronge appearanc of a 
cheating cousening carriage in Daniell Turner, yett not being 
fully proved, past it by, but for wrighting false notes & vnjust 
charges vpon Richard Webb & Goodwife Allen, & much lying 
in this buisenes, & even now before the court, did order that 
hee paye as a fine to y^ towne twenty shillings, and 8^ to Jn" 
^^egs for costs & charges, & 3« w*^h he p^^ Richard Webb for y° 
bushell of meale, and 3^ to Richard Webb for two dayes time 
he hath spent now at the court, and that he put in securitie 
for it all before he goe out of y«= marshalls hand. Accordingly 



444 -NEW HAVEN COLONY RECORDS. [1648 

Jeremiah Judson of Stratford became suretie for the payement 
of it all, -w^h is 34^. 

Jii" Livermore, widdow Tompsoii, Mr. Jeanes, Mr. Ccfinch, 
Jn" Walker, William Holt, Jno Wakefeild, AYilliam Gibbons, 
Jeremiah How, was complained of for ther fenc being downe, 
tliey was all ordered to mend y"^ vp & paye to Jn^ Cooppr 
what is due to him, & for y^ fines to ye towne the court respits 
that. 

William Jeanes passeth ouer to Jn^ Meggs, his house & 
home lott, lying at the corner ouer against Mr. Gregsons, be- 
twixt the house lott of John Budd & the highewaye. 

Mr. Goodyere being called by the court to give in securitie 
for the portions of his wiues chilldren, desired libbertie till the 
next court, w«^li was granted. 

Allen Balle was warned to the court aboute Thomas Fugills 
fenc & rates, for Mr. Leach whoe had a letter of atturney from 
Mr. Cockerill would not medio w'li it, as appeared by a note 
vnder his hand now p'"sented in court. It was propounded to 
Allen Ball if he would not be willing to take the house and 
land & improve them for defraying charges of rates and fenc- 
ings; he said that the house was vncomfortable to live in ])e- 
cause of the chimney and the scUar is falling downe, that 
workemen saye it will cost 20' to sett it in repaire, therforc ho 
thinkcs it is the best way to take downe the ptitions w^hin <fe 
make a barne of it, & if ther be cause, it maye be removed of 
the sellar. For the land he is willing vpon equall termcs as 
things goe, to take some of it. The court desired Mr. Wake- 
man & Richard Milles to call in William Andrewes and Jervic 
Boykine, & view and consider of the house, what had best to l.)e 
done w'h it, and that they consider of the land what rent it 
may ycild, as things are ordinarily lett, that so both house 
and land if it may be, may be disposed of. 

Mr. Crane & Jn" Cooppr were allso desired to view & con- 
sider of Jeremiah Dicksons lott, and if it maye be, lett it out 
for payeing rates & vpholding fences. 



1648] NEW HAVEN COLONY RECORDS. 445 

A Generall Court the lOt^h of March, 1648. 

The Gouerner acquainted the court that he heares ther is 
great remisnes & neglect in setting vp fences according to the 
order made in Nouember last, so that Jno Cooppr w^li they 
appointed to \aew fences hath done it, but w'hout any success 
that is considerable, & so it will be vnless ther be some stricter 
order made, wherby the fines laid by the pticuler court maye 
be pd w^hout delaye, and that Jn° Cooppr maye be surely pd 
for his time of warning men of ther fences, & for his attendanc 
at the court, for men make excuses & so necesarily occasion 
his being ther. 

The court considered of what was propounded, as allso of 
Avhat orders they formerly made, both concerning swine and 
fences, and see no cause at pi'sent to alter them, but to con- 
firme them w*^!! this addition, that when catle are found in 
corne or elcwher, doeing damadge, the owner of the catle shall 
paye both poundage & damadge, and to looke out the fenc 
wher they might come in, & the first he finds, to laye it ther 
and looke no further, but he that oweth that first defective 
fenc to search out for more if ther be any, w^h is all to beare 
pt, equally alike. 

It was propounded wlieither the court would not remitt the 
fines w^h have bine laid vpon psons whose fenc hath fallen 
downe this winter & so could not be sett vp againe because 
of the frost, and allso the fines for not markeing fences. The 
court considered it and ordred that what fines have bine laid 
vpon any man for his fenc being downe, if it hath fallen 
downe since the 20 ^^ of Nouember last, it should be remitted, 
as allso the fines for fence not being marked, provided that 
just damadge be pd to them that have suffered by it, and that 
Jno Cooppr be duely pd what is his right to have, and that 
from this day the order be strictly attended, both in markeing 
& mending fences. 

It is ordred that if any man be fined for breach of order & 
dge not paye the fine, (it being demanded,) before the next 
court after the fine is laid, or bring his money to the court 
and laye it downe, he must looke for no more warning, but 
that then execution p''sently goe forth to seaze pt of his estate 



446 NEW HAVEN COLONY RECORDS. [1648 

for it ; and for what belongs to Jno Cooppr, either for pound- 
age or warning about fences, if it be not pd at first demand, 
or before the next court following, that then the marshall 
warne them to the court, & to have 4'' for warning y", wh is 
to goe, 2'i to Jn"J Cooppr & 2*^ to himselfe, and that the court 
increase the some to Jn° Coopprs advantage as they shall 
judge meete, and thoughe they should paye the marshall 
when he goes to warne them, yett they must paye the 4'' for 
warning because they delayed so longe. 

It is ordred that for what blacke birds Jn^ Brocket or others 
kill, he or they applying themselues therto, shall receive from 
the treasurer after y^ rate of 10^ a thousand. 

It is ordred that whosoever shall sell nailes in this towne shall 
sell six score to y^ hundred. 

The order made at the jurisdiction generall court for 
markeing catle was reade. 

It is ordered that whatsoeuer dry catle, as oxen, steeres, or 
younger catle, shall be found w^hin the cowes walkc, or 
amounge the hoards, the owner of them shall paye ?W a head 
to him y*^ pounds them, or complaines to the owner of them, or 
bringeth them home. 

[234] II William Andrewes, Jn" Cooppr, Richard Beckly, 
Nathaniel Merriman <fe Isacke Whithead desired that they 
might haue some land & meddowe to sett vp farmes one the 
oast side, next the sea, beyond the Cove River. Mr Crane 
and the farmers ther objected against it, whervpon the court 
' appointed Leivtennant Seely, Henry Lendall & Francis New- 
man, as a comittee to view and consider wheither it would 
prejudice the farmes ther allreadie or no, & so to make re- 
port to the court, & if any of the farmers will goe to make 
ther objections they mayc. 

It was ordred that the pec of meddowe on y" further side 
of ye necke bridge towards the sea, should be for the ordinary 
to put in strangers horses in the summer, Jn" Herriman, whoe 
now keepes the ordinary, fencing it at his ownc charge, and 
that a pec of meddow lying by the blacke rocke, next Leiv- 
</ tennant Seely s meddow, being supposed to be 6 or 7 ac", 
should be for the ordinary to provide haye for strangers horses 
in winter, and this to stand till the court see cause to alter it, 



1648] NEW HAVEN COLONY RECOEDS. 447 

& if any horses doe staye longe, as 4 or 5 dayes, or a weeke 
or more, he hath libbertie to put them in the necke, provided 
he put none in hut strangers horses. 

The towne was desired to see that they be provided Av'h 
ladders according to the order, and that they keepe ther chim- 
neyes cleane, for Jn° Cooppr whoe hath bine vscd to sweepe 
them finds it inconvenient for him and layes it downe, onely 
he said that till another was provided, if any man desired him 
to come, he would take some time one w^hin the weeke to 
doe it if he was well. 

It is ordered that if any man goe awaye out of the towne, 
or sell awaye his best & convenient land, and take no course 
how the rates of the rest should be pd & the fences vpheld, 
the pticuler court have power to seize vpon the lott or stopp 
any such allination, till some order be taken for defrayeing 
all publique charges, vnless he that buyes the land will put in 
securitie for the same for time to come, provided that if any 
more shall be made of such lotts or lands then doth defraye 
publique charges, it doe returne to the owner of them. 

It is ordred that the planters against the banke side to sea- 
ward shall haue 4 rodd of ground the breadth of ther lotts back- 
ward into oystershellfeild, Ijecause the sea & water washeth 
downe y*^ banke that ther is no good highe waye, & then accor- 
ding to an order allready in force, they must maintayne a good 
highe waye at the front of ther lotts next the sea. 

It is ordered that a place be left for shooting at a marke in 
oystershell feild, vpon that 7 ac* Mr. Gilbert had, w^h mayo 
be ye most fitt for that vse. 

The Gouerner acquainted the court that the comittee they 
appointed for oystershellfeild haue disposed of it for 7 yeeres 
more, for three shillings an ac, if they fenc it, then to haue 
the last yeares rent for fencing, but if they doe not, but by 
runing a fenc into y^ sea as some speake of, they shall doe it at 
ther owne charge, & that then the last yeers rent be pd to the 
towne allso, & that such fenc as they make, they leave it stand- 
ing at j^ end of ther time. 

Livtennant Seely was desired to take care that the watclies 
might be made vp. 

It is ordred that all men that vse measures w^i strikes, 



448 NEW HAVEN COLONY EECOEDS. [1648 

shall gitt strikes well made, and ye next time measures be 
viewed they shall bringe their strikes to be viewed and sealed 
also, & so from time to time, vnder the same penaltie that the 
measures are. 

Leivtennant Seely propounded that the court would con- 
sider of some other waye of rateijig men then is setled by 
lands, for divers men w^h had good estates at first & land ans- 
werable, whose estates are sunke and they not able to paye as 
they did, & divers psons whoe had land for their heads, whose 
estates are smalle,yett paye great rates, & others whose estates 
are increased, haveing but litle land paye but a small matter 
to publique charges. Divers others in the court concurred 
w^i him, whervpon the court chose a comittee to consider of 
it and prepare it for another court. The comittee are the 
pticuler court, (calling in the elders for any helpe or light 
they want,) & one out of each quarter in the towne, viz^i , Mr. 
Gilbert, Henry Lendall, Mr. Wakeman, William Davis, Mr. 
Attwatter, JervicBoykin,Mr. Ling, Mr. Tuttill, Mathew Cam- 
feild, Francis Browne. 

Leivtennant Seely and Jn^ Brockett informed the court that 
ther is of that meddowe Mathew Camfeild desires, on y^ 
other side the West River by y^ oyster banke, about 4 ac^ 
very badd and boggy, & they thinke the towne may grant it 
him w^liout hurt to themselues, vpon w<=li report the court 
granted it to him. 

John Moss propounded for 6 ac" of meddow at Oyster 
River. Richard Osborne & Geo : Smith propounded for some 
ther allso,but it was rcffered to the viewers w<=h are appointed to 
view some their allready, viz'i Leivtennant Seely cfeJii^ Brockett. 

It was ordered that all men w<=h allinate lands in this plan- 
tation, shall come to the secretary before the court, & bring a 
note vnder the hand of buyer and seller of the quantity of the 
land, w'h the bounds of it, that the sccrctarie maye search 
the booke to see wheithcr such lands be in the sellers power 
to dispose of. 

It is ordered that the gouerner haue three men beside Jn" 
Thomas to goe w^h him to Stamford, & they to be pd by y<^ 
jurisdiction treasurer, his journey being vpou y^ jurisdiction 
occasions. 



1649] NEW HAVEN COLONY RECORDS. 44^ 

A Court held at Newhauen the 3*^ of Aprill 1G49. 

Mr. Goodyeare propounded to the court to knowe what secu- 
ritie they did require of him for y" portions of his wives chill- 
dren, for he was willing that the securitie should be out of the 
estate ; the courl" declared themselues that they was willing to 
accept of ye fixed estate for securitie so farr as ther part goeth, 
the house & fences being kept in due repaire, and so much of y^ 
moveable estate as to make it sufficient securitie, Wh moveable 
estate should be determined of, that if any of it comes to be 
disposed of, other estate as good maye bee put in y^ roome, 
and that wheras ther was 50' in the shipp Fellowship put into 
ye inventoric & vallcwed at 50' w^h now comes to be worth 
but 15', the chilldren must beare ther part of the loss in pro- 
portion. 

[235] II William Andrewes junio'' was called to answer to a 
miscarriage of his 1)y drunkenness w'^h had bine formerly 
heard by ye court in a private waye. What the court did 
then was read & testimoney called for of William Andrewes 
his good behaviour & sober cariage sine, and Robert Martin, 
master of the Susan, a vessell wherin William Andrewes hath 
gone some voyages sine, testifyeth that he can vpon his oath 
saye that for ought he hath scene sine or heard by others, Wil- 
liam Andrewes cariage hath bine well & according to the rules 
of sobrietie, and Mr. Evanc saith that Mr. Higginson, whoe 
went masters mate of that vessell, told him that William 
Andrewes hath carried it well in ye voyage ; the court declared 
themselues by way of sentenc, that, vpon the testimoney given, 
they remitt the corpporall punishment he then deserved, and 
wheras 5' was deposited as a fine laid vpon him for which Mr. 
Evanc was suertie, they take of that allso, and onely ordered 
that William Andrewes paye as a fine to the towne for that, 
his miscariage, 20^ 

John Vincon, Joseph Allsop & Andrew Low was complained 
of for ther fenc being downe, they said it was burned downe, 
& they could not gett help to sett it vp againe, they were told 
that it is 10 dayes sine it was burned, & they haue had warn- 
ing of it by the viewer, & they haue not done what they might 
57 



450 NEW HAVEN COLONY RECORDS. [1649 

haue done to kcepe catle out of the corne ; therfore the court 
ordered that the generall courts order be attended in ther 
payeing 12^ a post for those that be downe, w^h is 20 post as 
Jno Coppr saith, & that the viewer be pd what is his due, & 
what damadge beside hath come by it if it be required, & 
Andrew Low is further fined 12^ a post for 12 post tliat hath 
bine downe longer, betwixt the two quarters. 

Andrew Low informed the court that he was willing to part 
w^h the land tlie towne gaue him & Thomas Wheeler was wil- 
ling to accept it. Thomas Wheeler sd he was willing to take 
it, that is that W^h was given Andrew Low at the first, & that 
6 ac'"s he after had of Phillip Leekes, w^h 2 ac^ of meddow & 
9 ac® of vpland on y" other sid the East River out of the 
elders lott, & he vndertooke to mend vp the fenc, paye rates & 
to beare the damadges W^h lyes vpon it in regard of its being 
burnt and not sett vp. 

Joseph Allsop informed the court that he desired to leave 
the 6 ac" of land the towne gaue him and Christopher Todd 
was willing to have it, as he said himselfe in y- court, and the 
court was willing he should, oncly reserved libbertie to 
acquainte the comittee w4i it, whoe as they conceived would 
grant y^ thing. 

]\Ir. Leach desired that the suit depending betwixt Phillip 
Galpin <fc himselfe concerning Nathaniell Drapprs wages, might 
be issued, whervpon Phillip Gallpin p^'sented in court the tes- 
timoney of Henry Rotherford & Michaell Taintor vpon oath, 
as foil, 

Henry Rotherford testify eth vpon oath, taken before the 
gouerner at Newhaven the 7"' of January, 1648, that he being 
at Good wife Tillsons house in Vergcnia, last yeare, and speak- 
ing to her aboute Nathaniell Drappr, asked her how long he 
lived after he was caried ashore, she said he dyed the next day 
at night, before day he was dead. He asked what he spake 
concerning his meanes, she said that he gave her his beavor 
that he had, & for his wages he gave that to Mr. Sellicke, but 
it did appearc by her words to Ijc vpon this ground, Mr. Sel- 
licke comeing to vissit him told him that he would speake to 
a surgion to come to looke to him, but Mr. Sellicke said to 
Natli, yow have made yo"" \d\\ allreadie & given awaye all yow 
have & what shall I have to secure me. Nathaniell answered. 



1649] NEW HAVEN COLONY RECORDS. 451 

(as Goodwife Tillson said,) that lie would give him his wages 
to secure him & the last will must stand. Further he asked her 
if ther was any will writt, she said none in p''senc of Nathan- 
iell while he lived. 

Henry Rotherford. 

Michaell Tayntor testifyeth \^3on oath, taken before ye gou- 
erner at Newhaven, the Qt^ of January 1648, that he being at 
A^ergenia when Nathaniell Drapr dyed, went to Goodwife 
Tillsons house, & falling into speech w^h her concerning Na- 
thaniell Drapr, she said that he brought some beavor ashore 
w^h him & some deares skines, w^h beavor and deare skhies 
he gave to her, the said Goodwife Tillson, when he dyed, w^h 
was y^ next night but one after he came ashore, & that he, j^ 
said Michaell, saw the beavor which was a pretty bigg bundell. 
Further this deponent saith that Goodwife Tillson said that 
Nathaniell Drappr had made no will in wrighting sine he 
came ashore, but that he expressed himselfe by word of mouth 
& she was a witnes to it, that what Nathaniell had he gave it 
to Mr. Sellicke, but remembers not that he heard her sayc 
anythinge of Nathaniells giveing his wages to Mr. Sellicke. 

Michaell Taintor. 

Mr. Leach allso presented in court the copie of an afidavit 
of goodwife Tillsons, taken in Yergenia, wherin she testifyeth 
that Nathaniell Drapr gave to Mr. Sellicke his wages, by vertue 
wherof Mr. Leach said Mr. Sellicke claimes the wages of him ; 
this last will by word of moueth being made a day after that 
written will wherin he gives the wages to Phillip Gallpin. 

Phillip Galpin pleaded that Goodwife Tillson is not a com- 
petent witnes, she being a party & possesing pt of Nathaniel 
Draprs estate, as appeares by ye testimoney of Mr. Rotherford 
& Michaell Taintor, but the will wherin it is given to Phillip 
Galpin is written & witnessed by one not interested, viz'^, Ar- 
thur Branch. 

[236] II The Gouerner informed the court and told Mr. Leach 
that the case is perplexed, for heare is but one witnes of either 
side, & if any of Nathaniell kindered should come to claime 
the estate, it might cause a new trouble, & be questionable 
wheither any of them should inioye it or no, but takeing the 
case as it is, wheither a will by word of moueth, witnessed but by 
one witnes w^h is a ptye, haueing a considerable part of the 
deceaseds estate, as appeares, (thoughe she mentioneth it not 



452 NEW HAVEN COLONY RECORDS. [1649 

in her owne testimoney,) shall ouerthrow a will written and 
witnessed by one vpon oath w<=h is not interested. 

The court declared thcmscliies that as the case stands, they 
conceive that Phillip Galpin hath the best right to the wages, 
& therfore order Mr. Leach to paye it to him, but with condi- 
tion that Phillip give in securitie to Mr. Leach to beare him 
harmless against all future claimes. 

Mr. Leach desired that he might be paide that W^h the court 
ordered him to have out of Robert Parsons estate. Mr. Attwa- 
ter, to wliome y^ estate was comitted, was ordered to make vp 
that acCS that Mr. Leach might be paide at or before y*^ next 
court. 

John Coopr informed the court that ther is sundry catle 
haue bine pounded, w'^li is to be paid by divers men whoe 
owned the fence was then downe, a pi'sented 3 notes, wherin 
it appeared that ther was 12 cowes & 5 horses to be paid by 
Mr. Leach, Mr. Malbon & Thorn: Kimberly & the quarter 
gate ; & 29 cowes vpon Thorn : Munson, Mr. Gilbert & Jere- 
miah How ; & 25 cowes vpon Mr. Malbon, Mr. Leach & y« 
qrt' gate. The court ordred that the poundage be pd by these 
men, it being equally devided, according to the generall courts 
order, & what damadge is done they Avhoe haue received it 
may require it beside. 

Richard Piatt declareth that he sold a pcell of land to 
Ralph Dayton, pt of his first dcvission, & all his second, & 4 
ac^ of meddow, & would haue passed it ouer to him in y<= 
court, but he would not haue it passed ouer to him, because it 
would, (he said,) be some prejudice to him, but said he would 
take order w*h the treasurer to see y^ rates should be paide. 
Ralph Dayton saith that he acknowledges he bought the land 
& they differ not aboute the paye, but he would haue y^ land 
laid out & passed ouer to him, butted & bounded wher it lyes. 
The plant' said he told him it was not laid out, but he must 
take it wher it falles, but for tlie first devission, he ptly knew 
wher it was, on y^ other side of y^ West River. For y** med- 
dow, it was pt in Mr. Malbons meddow and pt in Sollatarie 
Cove, and the second devident he thought might fall aboute y^ 
sheppards penn, & produced Mr. Wakeman for a witncs, whoe 



1649] NEW HAVEN COLONY RECOEDS. 453 

saith that he cannot speakc to y" bargaine, but Goodman 
Dayton spake to him asking him wher it was, showing therby 
that Goodman Piatt did not determine the place, but men- 
tioned the sheppards penn, as if Goodman Piatt informed him 
that it might fall ther. 

The court told Goodman Dayton that it appeares by this 
testimoney that he bought Goodman Platts interest in this 
land, hopeing the 2^ dcvident would fall aboute y^ shepards 
penn, for if he bought land avIj \^q knew was not laid out, 
how could he looke to haue it butted & bounded. He was 
asked if he had any witncs to cleare his case any more. Hee 
said no, whervpon the court ordered that Ralph Dayton take 
ye land sold him by Richard Piatt & haue it entred in the 
court & paye rates for it to the towne. 

Mr. Leach was fined 12^^ for absenc at a generall court. 

Henry Pecke, Robert Basset & Thomas Barnes was fined 
each of them 5% because they are not provided w^h each man 
a ladder for his house, to stand by his chimny, thoughe they 
haue had warning oft times in y*' generall court, & pticulerly 
by y^ marshall. 

Mr. Malbon, Mr. Pery, Ed. Wigglesworth was allso w^hout 
ladders & must answer it. 

Edward Campe & Henry Bishop was allso complained of 
for want of ladders, but the court saw cause to pasc it by, be- 
cause Ed. Campe said he had one, but it was not in sight when 
yc marshall was ther, & Hen. Bishop hath lived at farme, & 
hath hired a house for a litle while, & is now goeing forthe of 
the towne. 

Mr. Goodanhousen was called to put in securitie for the 
portiones of his wives chilldren, but vpon his desire the court 
gave him libbertie to consider of it till next court. 



At a Court helde at Newhauen the first of Maye 1649. 

Mr. Evanc informed the court that their is some lands he hath 
formerly passed ouer in this court to divers men wlioe paye 
rates for them, yet he is not discharged of it in the treasurers 



454 NEW HAVEN COLONY RECORDS. [1649 

booke. It was said some of the alliuations was not cleare, 
whcrvpoii scarcli was made and it was onely in 16h ac''^ passed 
to Anthony Tompson, w^h was sold to foure men & so should 
have bine entred, w^h Mr. Evanc was desired to cleare before 
the rates for that can bee altered, for ye rest they are cleare & 
must be charged accordingly. 

Mr. Evanc passcth oner to Mr. Goodyeare 110 ac^ of land, 
w'h is all the second devission W^h belonged to Mr. Trobridge 
his lott, lying on y^ west side. 

Mr. Newmans and Mr. Chefinches quarters was fined 5^ 
for letting the gate of their quarter lye downe and not keep- 
ing it vp according to order. 

[237] II John Cooppr informed the court that he was ordered 
by them the last court to receive of Mr. Malbons quarter 5* for 
poundage of catle w^h came in at the quarter gate ; and sine 
ther is 5^ 4^ more for poundage of catle w^h cam in ther allso, 
but he cannot get it, nor knowes he of wliome to require it, 
whervpon Mr. Gilbert and Mr. Crane were desired to take 
some order to get the quarter to meete and setle some course 
liowe damadgcs may be paid when they come that waye, & 
how Jno Cooppr may be pd this 10^ 4^^ due at pi'sent, for the 
court is vnwilling to take distresses, w=h they must doe if 
they cannot prevent disorder other wayes. 

Mr. John Cefinch and Samuell Cefinch were complained of 
for their fenc being defective. It was answered Mr. Cefinch is 
not well, therfore not in court, but Samuell said hee had bine 
carefull to keepe his vp and had taken order to haue Iiaue his 
made sufficient, but because Mr. Jn" Cefinch is not hcare, the 
court respited it till next court, & wished Samuell Cefinch to 
tell his brother. 

John Cooppr was advised to view all the fences well, and 
wher he sees them failing & not likely to kecpe catle out of 
the corne, that he warne the owner of them, & if they be not 
mended sufficiently betwixt this and the next court, that they 
then Ije warned to answer it. 

James Till was called to answer for a contempt against the 
court, for ]:)eing warned to appcare the last court, as himselfe 
confeseth & owneth, he said he knew no busines he had their 



1649] NEW HAVEN COLONY RECORDS. 455 

& would not come, but now confeseth it was his ignoranc 
and foolishnes, but was told it was his stubborne disorderly 
spirit, w^h he must be punished for. 

Hee was further charged w^i suspition of doeing some 
worke aboute mending his fenc vpon the Saboth day, w^li 
appeared probable vpon this ground, first by his telling lyes, 
saying to Thomas Wheeler senio"" he had sett some of it vp 
vpon the last day at night, w^h was not true, as he now con- 
feseth, and then saying he was at it vpon the second day 
morning by that time it was day light, and yett it was proved 
to his face and he could not deney it, that he was in the 
towne and not gone to his fenc when the sunn was halfe an 
houre highe, and Thomas Wheeler atfirmes he came to him & 
said the worke was done on ye second day morning by that 
time the sunn was two houres high at most, and he conceives 
that the worke done would take vp a man halfe a day, and 
Jno Cooppr said three houres at least, so that it is probable, 
but not cleare, that pt of it was done vpon the Saboth, but the 
court, leaving that, for his lying and contempt of the court, 
sentenced James Till to bee severly whipped. 

Thomas Jeffery informed the court that tlier was some 
goodes taken vp by John Griffen of Mr. Pell, for ye vse of the 
boate wherin Jn° Griffen and himselfe were ptners, comeing to 
54% and he pd his pt w«^h was 16% to Jn^ Griffen, as his wife 
can testifye, and Jn« Griffen should have discharged it to Mr. 
Pell but hath not, and now Mr. Pell requires it of him. Mr, 
Pell said ther was so much due, but he hath received of Jn" 
Griffen, by fraight of goods, 1' ll^ lO'i, and the rest he 
requires of Thomas Jeffery as the survivinge man. It was 
asked Thomas Jeffery if ther was any thing in wrighting to 
make this appeare, he said he knew not, but ther was many 
paprs & bookes w'^h maye be looked vpon, and the treasurer 
and secretarie were desired to search those bookes & paprs, to 
see what they can find out aboute his estate, and about this 
matter in pticular, & then the court will order how Mr. Pell 
shall be paide. 

Mr. Pell informed the court that ther was some things in 
Robert Parsons house which he was to take awayo, and to 



456 NEW HAVEN COLONY RECORDS. [1649 

cleare it showed the award or arbitration betwixt John Budd 
and himselfe, vnder the hand of Mr. William Wells and Thorn : 
Munson, wherby it appeared he was to take away a bedsted in 
ye leantooe of the said house and one in y'' chamber, & two 
lockes, some bages of woole, & some hopp-roots & hoppoolcs, 
but is tyed so to take these things away that he deface not the 
freehold, and Richard Miles was desired to tell William Pecke, 
whoe is now in y« house, that Mr. Pell hath libbertie to take 
awaye these things, not defaceing the house, and if William 
Pecke will buy them of Mr. Pell for his owne conveniency he 
maye. 

Mr. Pell was told he hath bine sundrye times warned to this 
court aboute a fine laide vpon him by the court of magistrats 
for y^ jurisdiction, but he hath neither appeared at any 
monthly court hear till this, nor l)rouglit his fine, nor sent it 
by Thomas Powell whoe one appeared for him, and thoughe 
at one court it was said he was wUiout, yett he made not his 
appearanc before the court, and so from time to time hath bine 
warned but hath not appeared, he was asked if he had now 
brought his fines, he said no. The court required that hee 
now give his answer to these miscariages and contempts. Hee 
desired that seeing the court of magistrats was so neare he 
might have libbertie to give his answer then, w'^h the court 
granted, and wished him to take this as a sufficient warning 
then & tlier to make his appearanc, w'hout fayle. 

John Bishop & Sam Hodgkines were complained of for 
sleeping in ther watch, but their occaisions being such as at 
p''sent they cannot be heare now, it was respited till the next 
court. 



[238] A Generall Court the 14"' of Maye 1649. 

Samuell Ceffinch and Joseph Pecke were admitted members 
of this court, and received the freemans charge. 

Mr. Crane and Francis Newman were chossen deputies for 
y<5 next jurisdiction generall court. 

Mr. Gibbard, Mr. Crane, Richard Miles and Francis New- 
man were chosen deputies for yc towne court of Newhavcn 
for y^' yeare ensuing. 



1649] NEW HAVEN COLONY RECORDS. 457 

Mr. Gibbard was chosen treasurer for y^ towne of Newha- 
veii for ye yeare ensuing. 

Francis Newman was chossen secretarie ) for y<= yeere 

Thomas Kimberly was chosen marshall ) ensuing. 

The millitary officers, w^h Mr. Giblmrd & Mr. Atwater, 
were desired & appoyntcd by y^ court to treate w'li y^ drumer 
about his druming and maintayning y^ towne drumcs, view- 
ing them in what case they are, and reporte to the court how 
they finde things. 

Leivtennant Seely made a motion to y*= court that they 
would be pleased to accept off y^ service he had done in y 
towne in y^ place of a leivtennant for the time past, and that 
they would be pleased to chuse some other to supply the place 
for the time to come, for he findes it not comfortable for his 
family, nor pleaseing to his owne spirit to hold it as tlic case 
standes. Hee doth not desire to put the towne vpon charge 
in point of any sollary, yott leaves it to themselues to doe as 
they shall see cause, proffessing it is an affliction to him to 
w^idrawc from this societie, but their is a waye open for him, 
and he desires to attend providenc in it, if he cannot see a 
waye of comfortable subsistanc here. After much debate, it 
was agreed that it should be respited till the jurisdiction gener- 
all court and bee propounded to them to see if they will doe any 
thing in it, that he maye not goe out off the jurisdiction. 

It was ordred that Mr. Theophilus Eaton, gouerner, be for 
ye time to come freed from payeing his yearly rates to y^ 
towne. 

It was ordred that Mr. Robert Newman, ruling elder, be for 
the time to come, freed from payeing his yearly rates to the 
towne. 

The pticular court were chosen as a comittee to issue the 
matter concerning seamen & ship carpenters, wheither they 
should watch & trayne or noe. 

The comittee formerly chosen to consider aboute makeing 
of wharfes, & a bridge oner y^ moueth of y^ creeke against 
Phillip Leekes, were desired to issue it, Allso it was reffered 
to them to order some course to be taken for clearing the flats 
of some loggs & pyles & stons, w^h the court was informed 
58 



458 NEW HAVEN COLONY RECORDS. [1649 

lye vp & downe, wlierby vessells that come in ar in danger of 
being hurt. 

Mr. Evanc made a motion to the court that Sariant And- 
rewes might have libbertie to keepe a timber yard, to provide 
timber for shipjjing & repairing of vessells, and that he might 
have libbertie to cut timber vpon the towne common for that 
purpose. The court was willing to incouradge the thing, yett 
not willing to make a full grant at p''sent, but for his incouradg- 
mont gave him libbertie to take what trees are vpon the towne 
common which the tanners have failed & barked that maye 
be for that vse, and libbertie to cut six or tenn trees more for 
that purpose, provided it be w^hout the two mile & in no mans 
pprietie. 

The Governer informed the court that he heares that Wil- 
liam Davis & those two that was his men, viz'i Henry Bristow 
& Jno Winston haue failed a great deale of timl^er wUiout 
leave, W^h was by an order to be marked & reserved for the 
townes vse. William Andrewes said that he heard it spoken 
of in ye towne as an offenc against William Davis, that he 
w^'h helpes to make the order presently goes and breakes it ; 
and he conceives that the da mad go to the towne is very great 
by his falling those trees, for he doth not know where a man 
can goe w'hin five miles of y" towne to finde so much such 
timber, but it was reffered to the pticular court. Much de- 
bate their was wheither it would not suit that the cooprs 
should fall their timber at that time of the yeare when the 
barke will peele of & he good for the tanners. Phillip Leeke 
said the wormes would eat it so as it would be vnservicable 
for makeing of liquid vessell. Nickholas Elsy said he thought 
not, & so said some others in y^^ court. But in regard the 
season is now allmost past for tanners, the court thought fitt to 
reifer it to further consideration, provided that all orders con- 
cerning falling of timber now in being, stand in full force. 

William Paine, Jn" Gibbs, Thom: Wheeler, & Francis 
Browne had libbertie to depart y^ court. 

It was propounded that something might be pd to the 
towne towards bearing piiblique cliarge, for each tree that is 
failed vpon the townes land, but it was respited for p'sent. 



1649] NEW HAVEN COLONY EECORDS. 459 

Henry Pecke had libber tie to take of that timber w^h the 
tanners have failed, for his vse in his trade. 
[239] II Henry Morrell had libbertie to inlarge his home lott 
[into oystershellfeild] the length of his lott. 

Jn" Coopr is ordered to drive y^ necke, & to pound 
those catell W^li arc not orderly put in. 

The court remitted a fine of 20^ laid vpon Jn*^ Vincon, 
Joseph Allsop & Andrew Low. 

They Wh were behinde in ther rates were desired to bring 
them in to the treasurer. 

William Andrewes desired the court that they would put an 
issue to ye matter concerning the land w^li was viewed on 
behalfe of himselfe & John Cooppr, kSariant Beckly, Isacke 
Whithead & Nathanil Merriman on y^ Indian side beyond 
SoUitary Cove. Those that were appointed to view were 
desired to informe the court how they found things. Leivten- 
ant Seely said he thought the towne might grant it them, & so 
said Henry Lendall & Francis Newman, so y^ the farmers med- 
dowes might be secured from their cattell spoyling them. Mr. 
Crane, & Mr. Ling & Mr. Tuttill opposed it & said it would 
spoyle their farmes, yett if they might have common in ye 
necke w*h them & haue ther medow secured, they were wil- 
ling, but they w^h propounded for it were not willing to take 
it vpon those termes. After much debate, the matter was 
left that they might speake privatly together aboute it, but the 
farmers were told that if they hinder the towne from dispos- 
ing of the land for them to make vse of, the towne will expect 
the same rates from them that these offer to paye, that is, for 
all ye medow and 50 or 60 ac" of vpland, or more if it be 
taken in for planting land. 

Sariant Munson informed the court that James Russells, 
being a watchman, pleads to be excused, because, by reason 
of some lameness in one of his hands, he cannot discharge his 
gunn. Hee was answered and James Eussell told the he 
must hire, or else y^ sariant must hire for him whatever he 
gives & he must paye it, and therfore he had better agree w^h 
some one himselfe to doe it for him who maye bee approved 
by the sariant. 



460 NEW HAVEN COLONY RECORDS. [1649 

John Cefinch passeth ouer to Samiicll Ccffinch the home 
lot he had of y^ towne, being two acers; 36 ac^ 6 rod of land 
of y« first devision w'hin y*' 2 mile; all his land in y<= necke 
being 13 ac''^ & -h ; 14 ac'^ ^ 20 rod of medow; and 36 ac^s & 
i of his second devision. 

Edward Banister paseth oner to William Basset y^ 7^'' of 
Nouembr, 1648, 12 ac^ of land in y^ subverbs qrt' on this sid 
ye West River, & 7 ac^ of land of y« first devision on ye other 
sid ye West River, and three acc"^* of medow in ye West 
medow & 24 ac" of ye second devision in ye subverbs qrt'. 

The 7th of December, 1647, John Chapman passeth ouer to 
Mr. Leach his house, home lott & common, w'h 27 ac^ ^ of 
vpland wUiin ye 2 mile, & 11 ac" of medow lying in ye mill 
medow, butting on end vpon ye vpland ground, ye other end 
vpon ye river betwixt ye medow of Mr. Gilbert & that wh was 
laid out to an elders lot. 

Mr. Leach paseth ouer to Thomas Kimberly the same pcell 
of land, both vpland and medowe, being 27|^ ac^ & 11 ac^ of 
medow. 

[There was a general court of election for the Jurisdiction lield on the 30tli of May, 
1649, and also, as wc learn from the records of the town of Guilford, a court of Magis- 
trates, upon the same day. The certificate of the appomtment of Theophilus Eaton 
and Jolm Astvvood as commissioners, signed by Francis Newman, Secrctarie, is pre- 
served in the archives of Massachusetts. 

For some of the proceedings of this General Court see jwst, p. 463, note.] 



A Generall Court the ll'i' of June, 1649. 

Mr. Evanc desired libbertie for Thomas Moris & Nathaniell 
Mcrriman to depart ye court, to goe to doe a litle worke to a 
vessell \i^h. laye loadcn & was ready to goc awaye, and they 
had libbertie. 

Robert Martin and Jno Benham desired libbertie to dept ye 
court <fe had it. 

Jno Thomas allso to goe cary some phisicke to one that was 
sicke. 

The Govcrner acquainted the court that the principall 
ocaision of this court was aboute Nehemiah Smith the shep- 



1649] NEW HAVEN COLONY RECORDS. 461 

pard, "whoe is willing if he maye be accommodated heare to 
come hither & bring jg fiocke of sheep w'h him, l)otli them y*^ 
belonge to y^ towne and his owne allso, thonghe not willing to 
keepe the townes sheepe because of some weakeness he finds 
vpon himselfe, but he shall sell some of his owne & keepe 
aboute 20 or 30 himselfe, and therfore propounds that he 
might have land wher he formerly propounded for it ; that is, 
twenty ac^ of vpland at y^ sheppards pemi & 10 ac^ of med- 
dow in Oyster River meddow. 

Affter much de1)ate it was voted that he should have 20 
ac^ of vpland vpon sheppards hill, & 10 ac'^ of meddowe in 
Oyster River meddow for his proprietie, and for the rest of his 
commonage he must fall vnder y^ rules of a planter as other 
planters doe.* 

And order made by this court the 5i'» of July, 1647, con- 
cerning the necke was reade and confeirmed, and y^ comittee 
then chosen to consider of clearing y^ necke for ye sheepe was 
desired to meete and consider what is needfuU to be done for 
ye prsent against the sheepe come, and wheras William Pres- 
ton, one of y° former comittee, is dead, Henry Lendall was 
chosen in his roome. 

Lcivtenante Seely desired the court that they would chuse 
another leivtenant for he finds it inconvenient to his family to 
hold ye place. Jn° Moss propounded to the court to knowe if 
ye sallary given by the Jurisdiction for attending the gunns 
[240] cannot bee || [g-iven to'] Leivtenant Seely, he was told 
that the sallary [was offered Leiut] Seely before it was disposed 
of other wayes, but now this court cannot alter the generall 
courts order. Leivtenant Seely was desired to consider of it 
for a fortnight when their would be another generall court ; in 
yc meane time it was propounded that the men in ye towne 
would vnderwright what they would give towards ye main- 
taynanc of Leivtenant Seely in his place, w'h satisfyed him for 
ye p'sent. 

* In the margin, " At a towne meeting y" IS''' of May, 1650, it was voted yt yi clause 
in this order of keeping 20 or 30 sheepe should be of no foi-ce, but that he keepe what 
sheep he sees meete selling some to y^ towne, and when y^ towne sees cause to stint 
theraselues in other catle,that then he be stinted also as others planters." 

Nehemiah Smith removed to New Loudon about 1652. 



462 NEW HAVEN COLONY RECORDS. [1649 

Mr. Robert Newman desired that he might have 12 plankes 
that arc the towiies aty" west bridge, and he Avould either paye 
the towne for them, or give them 12 as good againe. The 
court being informed by William Andrewes that the towne 
might spare them for the present, agreed he should have them 
according to his proposition. 

It was propounded that the neckc bridge and west bridge 
might be mended, William Andrewes said vnles workemen 
can have corne, they cannot worke, Mr. Evanc said rather 
then the worke should cease to y^ indangering of y^ bridges 
he would lend y^ towne fifty shillings worth or 3' worth of 
corne, so it was agreed that the worke should goe one. 

Thomas Kimberly acknowledge a sinnfull miscariago of his 
aboute a prisoner sent l)y the governor to the Duch governor 
by Jeremiah How, first that he said of his owne head to Jere- 
miah How, that it would be a deed of charitie if he let y^ pris- 
oner escape so no hurt might come to y*^ jurisdiction, secondly 
y' concerning a letter sent by the governor to the Duch gov- 
ernor, he said to Jeremiah How that if y^ prisoner escaped, he 
hoped he would have more witt then to deliver the letter. 
And wheras it is said that he should express something as if 
ye governer was content y*' prisoner should escape, which was 
no such thing, nor doth he remember that he spake so, but he 
falls vnder testimoney. These things he acknowledgeth was 
a breach of y^ 6^^ & 9'^ commandements, and great vnfaith- 
fullness in y^ trust comitted to him. The governer declared 
himselfe satisfyed, hopeing it will bee a warning for time to 
come, and no other objected against it. 

It was desired that the collecto's for y° colledge corne y" 
yeare last past & y^ yeare before that would cleare matters 
w'^h Mr. Evanc and bring to him y^ corne they have that it 
maye now be sent, and what wampome they have allso and he 
will send provissions for it. 



1649] NEW HAVEN COLONY RECORDS. 463 

A Generall Courte the 25'^ op June, 1649. 

Thomas Wheeler senio"^ was admitted a member of this 
court and received y^ freemans charge. 

The orders of the last generall court for y^ jurisdiction was 
read, in which it app'ed that the plantation of Southold vpon 
Long Island are to have that plantation made ouer to them, 
and seeing it was purchased by this towne, it is by this towne 
to be made ouer to them, whervpon it being propounded, it 
was voted by this court that they doe relinquish all their right 
and desire it maye bee made ouer to them, either by deed or 
otherwise by act of court, provided that it be still kept w'hin 
this jurisdiction.* 

The Gouerner informed the court that ye comittee they ap- 
pointed to consider of cleering the necke have mett, and thinke 
tliat it would be profitable for y^ towne that it should bee 
cleared for oxen and sheepe, but because it is now neare har- 
vest, and mens ocasions will not give waye to doe it all now, 
that therfore every planter in the towne would goe or send a 
man a day, w^h they thinke maye doe inough for y^ p^sent, and 

* " At a general court held at New Haven for the jurisdiction, the 30th May, 1649. 
The freemen of Southold desired that the purchase of their plantation might be made 
over to them. The court told them that they are free to make over to them what 
right they have, either by a deed or an act in court, that it might stand upon to free 
them from all future claymes from themselves, or any under them, as themselves upon 
consideration shall propound or desire. Mr. Wells being questioned about some land 
he had received of some Indians in Long Island by way of gift, in which Mr. Odell of 
Southampton hath a part, and himself did draw a deed, wherein the land was passed 
over from the Indians to them, which is contrary to an order made in this jurisdiction. 
Against which carriage the court showed their disUke. But Mr. Wells doth now before 
the court fully resign up all his interest in that land to the jurisdiction, and will be 
ready to give a deed to declare it when it shall be demanded of him. Mr. Youngs 
informed the court that they at Southold had, according to order, purchased a planta- 
tion westward from the Southold, about eight miles, of the Indians, which, by the 
best information they can get, are known to be the right owners of that land, called 
by the name of MaUatuch and Aquabouke, and this for the jurisdiction of New Haven 
and Connecticut; which purchase comes to, in the whole, six pounds six shillings; the 
particulars how it arises, being expressed in the deed, which they desired might be 
repayd ; and accordingly the treasurer had an order from the court, and did pay it to 
them. Likewise Lieiitenant Budd spoke of another purchase that was made, but did 
not give full information, nor a perfect account thereof." 

The above note is taken from Thompson's History of Long Island, 2d ed. vol. i. p. 
378, but Mr. Thompson gives us no indication of the source whence he derived the 
citation, and the editor has not hitherto succeeded in discovering it. 



464 NEW HAVEN COLONY RECORDS. [1649 

the comittee that they might incouradge y^ worke, haA'e all- 
ready all gon themselues or sent a man a day, except one 
whose ocasions would not then praitt, but is now ready. It 
was desired that those wlioc was willing to goe would now 
give in ther names, whervpon sundery did, a note wlierof is in 
y^ secretaries hand. 

The Gouerner acquainted the court that the comittee they 
appointed to consider of seamen and shippcarpenters watching 
and trayning have done it, whervpon a note vnder Mr. Win- 
throps hand, then governor in y*' Baye, sent for by order of this 
court to know what ther order is ther aboute these tilings, 
w^h was read being as followeth, 

Persons exempt from trayning & watching & warding by y^ 
Massachusetts law, as Mr. Winthrope certifyed July y« 14'h, 

1648. 

Magistrats, deputies, elders of churches, deacons, the presi- 
dent, fellowes, students and officers of Harvard Colledg, all 
proffessed schoolemasters allowed by two magistrats, the treas- 
urer, the audito"" generall, the survey our generall, publique 
notaries, phisitians & surgeons allowed by two magistrats, 
masters of shipps and other vessells aboue 20 tunne, millers 
and such other as shall l^e discharged by any court for bodily 
infirmity or other reasonable cause. But ther sonns and ser- 
vants are not freed, except on servant allowed to every magis- 
trate & teaching elder. Such as keepe familyes at remote 
farmes shall not bee compellable to send ther servants to 
watch or ward in y° townes. But all psons exempt &c, shall 
have compleate amies &c. in ther houses, except magistrats 
and teaching elders. Wee had a law for seamen & shipcar- 
penters & fishermen, to trayne onely twice a yeare, (& so is our 
practise) but I finde it not in our new booke of lawes, so that 
1 feare it is omitted through some ouersight. The officers of 
our courts are allso exempted. 

Jno Winthrop. 
w^i which the court closed, w4i some little alteration, first 
wheras mention is made of remote farmes, the court thinks it 
should be limited to those w'hout y^ two mile, and for masters 
of vessells of 20 tunne, they thinke for incouraging seamen it 
maye be limited to 15 tunn and vpward here. 
[241] II For other seamen and all shipp carpenters, [that] 
they watch as others doe and trayne twice a yeere. And to 



1649] NEW HAVEN COLONY RECORDS. 465 

distinguish wlioe are seamen & ship-carpenters, it is left to 
the pticular court to judge. 

The court considered of what was propounded and written, 
and ordered that, wUi the alterations before exprest, it should 
be here practised as is before expressed in y^ note from Mr. 
Winthrop. 

Vpon Robert Bassets desire to bo freed from Avatching be- 
cause he is drumer to j^ towne & to attend his place as druni- 
er if ther should l)e an allarum in y^ night, w'^h if he be vpon 
the watch he cannot doe, Leivtenant Seely said it is not vsall 
for drumers to watch vpon any court of gavird as common 
w^atchmen, but to attend ther place as drumer if their be 
ocasion. The court for y^ p^sent saw cause to free him, wish- 
ing him yt if at any time he doth goe forth of towne he pro- 
vide another drumer to supply his place and attend his worke 
as drumer to j° towne, yt they be not left destitute. 

It was propounded to know what amies is proper for every 
officer of the millitary company to have, which was left to the 
officers themselues to consider & informe y^ court. 

William Judson desired that he might be freed from watch- 
ing, but nothing was done, but he reffered to y« order former- 
ly made. 

It was propounded that the oxe pasture might be fenced at 
the townes charge, and whither it would not be profitable to 
ye towne thai it should be planted three or 4 yeares & after 
laid againe for an ox pasture, and it was reffered to the con- 
sideration of ye comittee chosen for rates the lO^h of March, 
1648, (the pticular court excepted,) viz^ Mr. Gilbert, Mr. 
Wakeman, Henry Lendall, William Davis, Mr. Atwatter, Jer- 
vic Boykin, Mr. Ling, Mr. Tuttill, Mathew Camfeild, Francis 
Browne, & j^ they informe y^ court what they judge of it. 

Andrew Low desired the court to consider of severall fines, 
amounting to 44% for his fenc being downe, but nothing was 
done in it at p'"sent. 

It was refered to the pticular court to consider of some that 

might take the estates of any which dye in y^ towne and 

leaves no order aboute ther estates. Instanc was given in y 

estate of Robert Psons, William Ball, Lawranc Watts, & what 

59 



466 NEW HAVEN COLONY RECORDS. [1649 

other maye bee, the treasurer desired that he might not be 
troubled w^h them. 

The Gouerncr informed the court that he hath heard some 
complaints aboute the smallncss of bread that is made and sold 
in ye towne, and therfore thinkes that some course must be 
taken that it maye be sized, that the baker maye have a due 
profit & the buyer not wronged. It was inquired whoe had 
any booke that might give any light concerning the sizing of 
bread. Jn" Brockett said he had one, and was desired to 
cary it to the govcrner whoe was desired to prepare this mat- 
ter against ye pticular court. 

Leivtenant Seely desired the court that they would chuse 
another leivtenant for his occasions require hime to layc it 
downe. The court told him they saw no cause nor should 
chuse any other so long as he remained in y^ towne amonge 
them, and the foure sarjants were desired to take some paines 
to see what men would vndcrwright as it was spoken ye last 
court. 

John Walker & Thomas Mitchell were chosen veiwers for 
ye fenc at plaines for ye yearc ensuing. 

John Cooppr desired that ther might be a man appointed in 
each quarter to know what quantity of corne every man hath 
sowen or planted this yeere, that he is to be pd for. And Jn" 
Cooppr propounded, and the court appoynted Francis New- 
man for Mr. Eatons quarter, Mr. Ling for Mr. Newmans quar- 
ter, Jcrvic Boykine for Mr. Ceflfinch liis quarter, Robert John- 
son for Mr. Evanc his quart', Jn^ Meggs for Mr. Evanc his 
lott, Mr. Wakeman for that quat', Richard Miles for y* quart', 
Henry Lendall for that quart', Mathew Camfeild for ye sub- 
verbs on ye other side the creeke, Sam: Whithead for those 
on this side, Thomas Nash for Mr. Davenports quart', Thom 
Munson for Oystershell feild & those that live by the east 
creeke & on the banke side. To w^h men every on weh lives 
in the quarter is to bring in ye number of ac^ of corne planted 
or sowen by them or for them in any fcild w*hin the two mile, 
betwixt this and this day senit, vpon ye penaltie for each ac so 
neglected 4^1. And if any shall deale falsly, bringing in less 



1649J NEW HAVEN COLONY RECORDS. 467 

then he hath, w'h a purpose to deceive, he shall be vnder such 
punishment ag the pticular court shall judge meete. 



A Court at Newhaven the 3^'' of July, 1649. Capt Astwood and 

' Mr. Disbrowe being 

p''sent w'h this courte. 

Mr. Evanc declareth in an action of debte for 255' sterling, 
disbursed upon the shipp Swallow, which is now possessed by- 
Mr. Westerhousen, for which some Daniell Peirse, merchant 
and pt owner of y^ said shipp, binds himselfe and owners, w^h 
the shipp & all the furniture to her belonging, for securitie, to 
be paide at Barbadoes in cotton woole, as appeares by a bill 
subscribed by Daniell Peirse m''chant and Steeven Reekes 
master of y^ saide vessell, witnessed by Mr. Theophilus Eaton, 
& Mr. John Davenport, by which bill he conceives he is to be 
paide the money by the shipp, for the money was expended 
vpon the shipp, w'liout which she was not fitt to procccde vpon 
any voyage, and vpon this ground he dcmandcth the vessell. 
[242] II Mr. Westerhousen in answer delivered [in] to ye 
court certayne of the proceedings of the court in Vergenia, 
w'h an inv[oyc]e of shipp & goods, and a testimoney from y^ 
shreiffe w^h seized the shipp and delivered it to y° marriners, 
w°h was now reade in court, by which it appeared that the 
marriners seized the shipp for wages, and by a legall tryall 
recovered it, and had it delivered to them by y^ shrifte. 

After which the marriners being possessed of the shipp sold 
to Mr. Westerhousen, & now stand to pleade their right in the 
shipp by vertue of y® order of y" court at Vergenia. The 
marriners were told that here is nothing in ye wrigh tings from 
Vergenia mentioning Mr. Evanc, nor doth it appcare that any 
pleaded for Mr. Evanc nor any copie of it. They said that 
Mr. Benit, Mr. Evanc his atturney, pleaded for him and was 
in court when the cause was cast, Init they had nothing to doe 
to bring other mens wrightings. 

Mr. Evanc replyed that he conceives he hath proved that 
the shipp Swallow was made ouer to him by master, merchant 
& purser, and that this was done, (they saye themselues,) the 
purser told them, & w^^hout this money the shipp could not 



468 NEW HAVEN COLONY RECORDS. [1649 

have proceeded vpon anj^ voyage. Likewise it is cleare that 
the mens wages, which is the onely plea, was ^d out of the 
moneys disbursed by Mr. Evanc & cleered when they went 
licnc, for they themselues demand but 249^, and they have 
bine out from henc 13 monthes, and ther wages is but 20^ a 
month, so that the wages must be cleared when they depted. 
And seing they knew that the shipp was made ouer, they 
might have chosen whither they would have gone or no, 
and that so much was disbursed vpon her appeared by a note 
p''scnted in court. 

The Governer propounded to y^ marriners, put case a shipp 
is vpon a voyage, and puting in at a port by the way, throughe 
some stress of weather, wants a new suit of sayles, or a cable 
& anchor, the marriners buy them and ingage to make paye- 
ment at her port of discharge, if ther the ship shall come to 
he sold for mens wages, shall these sayles paye them ther 
wages, which they could not have earned w'hout them, or 
suppose a shipp comes into a harboure, wants repaire, a worke- 
man workes vpon the shipp, earnes 20', but before the shipp 
goes awaye, ther falls a differcnc & men call for wages & the 
shipp comes to be sold, shall not the carpenter be paide for his 
worke. They could not sayc l)ut it is equall he should, but 
yett they saide that the shipp is theirs by order of y^ court of 
Vergenia. 

The plantiffe and defendant having no more to say, the 
court proceeded to sentenc, and they find that had the shipp 
arived in due season at Barbadoes, Mr. Evanc might have 
required his debte from the owners, & the shipp, w^h her fur- 
niture, was ingaged for it, yett wheither the shipp be consid- 
ered as belonging to y<^ former owners, or as new morgaged 
or sould to Mr. Evanc, and by his consent & w'li some goods 
of his goeing forth towards Barbadoes, God, by an afflicting 
providenc, keeping her at sea & from her port at Barbadoes 
till marriners wages have eatton out her vallew, she putting 
in at Vergenia, giving over her voyage and being arrested 
vpon other acc°*s & ingagemcnts, the marriners had, (as the 
case stood,) y^ first & cheife right to their wages, and y^ 
rather in this case, because the tennour &, import of Mr. 



1649] NEW HAVEN COLONY RECORDS. 469 

Evanc his deede is to secure his debte from y^ owners by the 
shipp & her furniture, not from the marriners out of y^ wages 
which should grow due from henc to the Barbadoes or any 
other port. They saw not therfore how they could justly dis- 
possess the marriners, (or Mr. Westerhousen claiming from 
or vnder them,) of the shipp granted them by sentenc of court 
in Virginea. 

Robert Newman, planf ) Mr. Newman declareth that he 
[Rob^ert Basset, defendt'' \ being intrusted to dispose of M^s 
Wilkes estate, sold Robert Basset her house for 40^ and past 
it ouer to him in this court, to be paide halfe of it the 29^^ of 
September last past, and ye other halfe y" first of May last, 
but none is paide but 5' a litle while agoe, and now Robert 
Basset would have him take y^ house againe, W^h he cannot 
doe but w^h wronge to others, being but a trustee in the 
buisnes. 

Robert Basset said he was disabled by some loss he hath 
had, and if he should ingage himsclfe for further security, he 
might bring further trouble, and he doubts wheither he shall 
ever be able to paye for it or no, l)ut is willing to submitt to 
any loss the court shall thinke meete, for he acknowledgeth 
the bargaine, and so leaves it. 

The court declared that they neither made nor can breakc 
the bargaine, and therfore if betwixt this and y^ next court 
satisfaction be not given, execution must goc fortli if it l)e 
desired. 

Thomas Meekes and Rcbecka Turner was called before y^ 
court to answer to their sinfull miscariag in matter of forni- 
cation, w'h sundry lyes added therto l)y them both in a grose 
and hainiouse manner. The matter hauing bine formerly 
[heard before the] gouerncr in a private way, w^h was now de- 
[243] clared to y^ court ||in tlier p'senc, and they called to 
answer. Thomas Meekes said he could say nothing against 
whath bine declared but it is true, and he desires to judge and 
condeme himselfe for it in y^ sight of God and his people. 
And for Rebecka Turner, she acknowledg the things y 
charged was true, and though she had saide Thomas Meekes 



470 NEW HAVEN COLONY RECORDS. [1649 

had had to doe w'h her but once, yett it was oftener, as she 
now saith. 

The Gouerner further declared to y^ court, that he hath 
heard of sundry passages w^h render Mr. Westerhousen sus- 
picious in this huisnes, first that Rebecka should say that she 
could not love Mr. Goodanhousen, but she could love Mr. 
Westerhousen. Mr. Westerhousen answered that she said 
not so to him, she said allso that it was not to him but to 
some body in y^ house. Secondly that Mr. Westerhousen 
should say to her that if his wife was deade, he would make 
her his wife. Mr. Westerhousen answered that he said not so. 
She said it is true that she said so, but cannot tell but she 
might be mistaken, w^h y^ court witnessed against in her. 

Thirdly that he gaue her sundry gifts to a considerable val- 
lew, insomuch that Mr. Goodanhousen, her father, was 
troubled at it, and told Mr. Westerhousen that he could main- 
tayne his daughter w'liout his gifts. Mr. Westerhouse said 
it was at y^ faire, and then Mr. Peirse gaue her lace for a 
handkercher, and he gaue he cloth. 

Fourthly that he caried her bchinde him to y"^ farme ; he 
said that on night she was goeing to y^ firmc very late, lier 
mother pittyed her, he bid them sett her behinde him & he 
would cary her, and so did. 

Fiftly that he mette William Wooden & Henry Ilumerstone, 
he coming from y^ farme, they goeing theither, they asked him 
if he was not at ther farme, or wheithcr he had not called at 
ther farme, to both wh he answered no, yctt when they came 
home asking R.c1)ecka, she said he was their and she knew not 
that he had bine any wher else. Mr. Westerhouse denyed it, 
whervpon ther oathes were required. Mr. Westerhouse 
desired the one might be put forth whilst y° other tooke oath, 
and it was so. 

William Wooden testifyeth vpon oath, that lie and Henry 
Humerston being together, mctt Mr. Westerhousen wUiin 
ye neckc gate, against David Atwaters, he asked him wher lie 
had bine, he said at further farmes. William asked him, was 
yow not at o'" farme, he said no. William said, did yow not 
call ther, he said no, when he came at farme he asked Eebecka 



1649] NEW HAVEN COLONY RECORDS. 471 

if Mr. "Westerhouse was not tlier, she said yes, & whether he 
were any wher else, she said not that she knew of. 

Henry Humerstone testifyeth vpon oath, that vpon y^ 
highway as William Wooden & hee was goeing home to y^ 
farme, they mett Mr. Westerhousen and asked him wher he 
had bine, he said at y^ other farmcs beyonde, this deponent 
said was yow not at o'' farme, he said no, did yow not call thcr, 
he said no, at w'^h they wondered ; when they came at farme 
William Wooden asked Rel)ecka if Mr. Westerhousen was not 
ther y' day, she said yes, he asked her if he was any wher 
else, she said no, he asked her what he did ther, but what her 
answer was he cannot tell. 

Sixtly that he hath line at y^ farme in y^^ same roome wUi 
her, as Hen : Humerston & Will Wooden say. 

The Gouerner told j" court that they haue heard y*^ severall 
passages of y^ buisnes concerning Thomas Mcckes and Re- 
becka Turner, wherin Ijeside yc fornication ther hath bine 
much impudenc in lying, espicially one his pte, callingjGod to 
witness y° truth of a thing wh himselfe knew to be false, as 
he now professeth. Allso y^ passages concerning Mr. Wester- 
housen, and what is proved vpon oath, yettnot owned by him, 
w^^li leaves y^ court much vnsatisfyed. 

Matters being thus prepared, before y^ court proceeded to 
sentenc Mr. Goodauhouse desired to speake, and desired the 
court to consider that Rebecka is weake and hath sore breasts 
& a froward child, that therfore, if it may be, they would 
spare corporall punishment, and if they laid a fine he would 
see it paide. 

The court having heard and weighed what was spoken pro- 
ceeded, and ordered that Thomas Meekes be severely whipped 
for this folly of sinnfull vncleanness, and for his lying and mis- 
cariages that way y*^ he fined 5'. 

For Rebecka Turner that she allso be whipped, if in reffer- 
enc to herselfe and child it may stand w'h due mercy, but 
vpon a veiw & search & a report made by the midwife and sis- 
ter Kimberly, the court saw cause to forbeare that, and or- 
dered her to paye a fine of 10', w^h Mr. Goodanhousen prom- 
ised to paye for her. 



472 NEW HAVEN COLONY RECORDS. [1649 

Beniamiiie Wright, of Guilford, bailing blue, at a court of 
magistrats beld at Ncwbauen in May last, cbarged w^i and 
proved guilty of sundry grosc miscariages, for w«^b be deserved 
seveerc correction, but y<^ court seeing some sbowe of remorse, 
and hoping for better fruit then now they see, vpon Mr. Disbiir- 
ow request, past it l)y, vpon condition that he should make a full 
acknowledgment at Guilford of his severall miscariages, as be 
had done in court and promised to doe tlier, as appeared 
[244] II by the proceedings of that court w^b was now read, 
but when be came at Guilford and should have made bis 
acknowledging, be refused, and in a stubborne and bold way 
said he must fall vnder many things because he wanted proofe, 
as appeares by a note vnder y^ hand of Mr. Leete, Secretary 
at Guilford, and said that he had acknowledged he went aboute 
to delude the towiies order because the gouernerdid so threaten 
him, as is testifyed by Mr. Leete, Mr. Cliittendine & Mr. Jor- 
dan, vpon oath taken before Mr. Disbrowe, July 2'^'', 1640. 

Wright was asked what threatening was vsed, but he ans- 
Avercd not. Hee was told that be had bine brought to corpo- 
rall punishm^ before but y*^ he made that acknowledgment be 
did, and gave hopes of better fruit then appeares, for instead 
of doing what be promised, be rcturnes to bis former pride 
and stubbornness againe, and when he was Ijoiind to appeare 
at this court, and put in baile to doe it, he came to y^ magis- 
trate and told him plainly he would not come ther, as Mr. 
Disbrowe affirmed before him and he denyed it not. Hee was 
therfore desired to speake if he could show any reason wliy be 
should not now have sharp punishmt inflicted. Hee said be 
can say nothing against it but it is just, for though he had 
thoughts when he went from y^" court to doe as he had saide, 
yett God left him and he returned to his former course againe, 
because he was not faitbfull to those purposes that God had 
put into bis heart. 

The sentenc of the court concerning Benjamin Wright is 
tliat he l)ee seveerly whipped heare at Ncwbauen, and a 
month bene at Guilford, and that he paye as a fine to y*" juris- 
diction, lO', for yc charge' & trouble he hath put them too. 

Mr. Goodanhousen p''sented in court a wrigliting by w^Ii it 



1649] NEW HAVEN COLONY RECOEDS. 473 

appeared that ther is sundry accounts betwixt Mr. Westerhou- 
sen and himselfe w^h bee desires may be cleared, and allso a 
bill of Mr. Westerhousens of 90\ w^h he is to paye to Major 
Gibbons for him y«= said Sam: Goodanhovisen. 

Mr. Westerhouse said that Mr. Goodanhouse owes liim 
money allso, whervpon for the matter of accounts, the gouer- 
ner propounded to them that they would put it to arbytration, 
that acc°'s might be issued betwixt them, and the matters 
ended in a louing way, to w^h they both consented, and 
before the court chose Mr. Goodyeare, Mr. Evanc, and Mr. 
Gilbert for a third man, and they, the said Sam : Goodanhou- 
sen & William Westerhousen, binde themselues in 100' a pec 
to stand to y^ arbytration of these three men chosen by them- 
selues shall make, this to begine one j^ tixth day of y<^ weeke 
next, and to 1)0 issued by ye last day at night following, and 
for ye bill to Major Gibbons, the sentenc of y*^ court is, that 
Mr. Westerhousen paye it according to y° bill & yp charges of 
this court beside. 

Lancelot Fidler, plant', \ Lancelot Fuller declared that Mrs. 
Fra : Newman and his \ Newman had wronged his wife, say- 

wife, defendants. ) ing she had interteined young men 
or a young man, (Mr. Stone by name,) in her husbands ab- 
senc & made a feast or breakefast for him, & that his wife hav- 
ing heard of it abroad, went to Mrs. Newman & desired noth- 
ing but due satisfaction in private, according to y'' nature of 
y^ case. Mrs. Newman said she was sorrey for it, his wife 
thought that not sufiicient except she clered her where it had 
bine spoken, and to her husband when he comes home. M^^^ 
Newman said she knew not how to doe y*^, his wife said she 
must then learne, whervpon Mrs. Newman told her she were 
best hold her tongue & say no more in it, for if she did not 
put vp that, it would bring out worse. Lancelot Fuller ther- 
fore desired to knowe what that worse is w^h it would bring 
out. 

The court calling for proofe, Mrs. Higenson vpon oath testi- 
fied that she heard M''^ Newman say that Goodwife Fuller 
intertayned a young man in her husbands absenc, & made a 
diner or a breakfast for him, (Mr. Stone by name.) Being asked 
60 



474 NEW HAVEN COLONY RECOEDS. [1649 

how this came to be published, she answered the elders wife 
was p'"sent when Mrs. Newman spake it, but it came thus, 
(as she conceiveth,) to be published; she asked her brother, 
Charles Higenson, why he staid out so late and came not 
home in seasonable time, he, (as she remembers,) named some 
places wher he had bine, as at Mr. Goodanhouse at y ordi- 
nary, & said as he was coming home he went into goodwife . 
Fullers to take a pipe of tobaco & stayed some time ther, 
whervpon she, this deponent, asked him why he did so & did 
not come home, she said it would l)e taken notice of & give 
occasion of speech, and thervpon told him what she heard, 
and y^ next Saboth day on asked Charles Higenson to goe 
take a pipe of tobaco at Goodwife Fullers, & he would not, 
but told him what he had heard. Goodwife Fuller to this 
replyed, that Charles Higenson came in w'h her brother, Sam : 
Marsh, they having bine together at y" gouerners. She was 
asked what was y^ reason William Andrewes came theither. 
She answered he never came late, nor did she let any come 
but aboute buisnes, & when ther buisnes was don she bid them 
be gone, and would not let them come in if it were late. 
[245] II Lancelot Fuller saith further that Mrs. Newman com- 
ing after to his wife, told her she were best hold her tongue 
or else it would bring out worse, for proofs Hanah Gregson 
testified that M^'^^ Newman said she was sorrey for what she 
had spoken and she could doe no more, if Goodwife Fuller 
were not satisfied she must goe wUiout satisfaction, adding 
that would bring out worse. For farther proofe, Abraham 
Kimljerly vpon oathe testified, that goeing to Goodwife Fullers 
for a band, he heard some body talking, and standing still he 
saw Mr is Newman & heard her saye she was sorrey she had 
given such an offenc, or to that purpose. Goodwife Fuller 
said that would not serve. Mrs. Newman replyed if she 
would not take that for satisfaction she must goe w'hout satis- 
faction, & said yow were best let this dye, for feare least it 
bring oiit more. Lancelot Fuller further declared that when 
Francis Newman came to his Avife to heale y^ buisnes, (as 
probably he intended,) he made it worse, charging his wife 
w^h tlnngs he cannot prove, first that she had made a proverb 



J 



1649] NEW HAVEN COLONY RECORDS. 475 

& song of ye satisfaction his wife had given, w^h his wife de- 
ny eth, & secondly Mr. Newman told Goodwife Fuller that she 
was one brought to y® court for her tongue, and in a thret- 
ning manner said he would tame her tongue, for he knew well 
inough what she was, and for proofe brought Rebecka Greg- 
son, who testified that Francis Newman coming to Goodwife 
Fullers told her she had made a proverbe & songe of his wives 
satisfaction. She said she had not. Mr. Newman affirmed she 
had, & said she was one brought into y^ court for her tongue 
and he would tame her tongue. Goody Fuller denyed that 
she was brought into y^ court for her tongue, and told him 
she should haue scorned to haue told any lyes of them. Mr. 
Newman asked if he had told any lyes of her, she said his 
wife had, & he and his wife were one. Mr. Newman asked 
goodwife Fuller what satisfaction she would haue, she ans- 
wered she desired to be cleared where she was wronged, and 
if any man of wisdome and judgment would say that was sat- 
isfaction w^h was tendered, she would fall vnder all, she said 
she would have put vp that, if his wife, before others, had not 
spoken as if ther were some worse thing against her. 

Francis Newman declared in court that vnderstanding from 
Mr. Higenson that Goodwife Fuller made a proverb of his 
wives satisfaction, he went to cleare it, told her what he had 
heard, that vpon her denyall it ended w^li him, but she fell into 
high words. Rebecka Gregson testified that Mr. Newman bid 
Goodwife Fuller doe her worst & she bid him doe his worst, 
that Goodwife Fuller was high, but not so high as he. 

Francis Newman complained that Goodwife Fuller said his 
wife was a lyar, and that she would scorne to goe vp & downe 
to cary lyes as they did, & when he asked what lyes he caryed 
vp & downe, she answered he and his wife were all one, wher- 
vpon he told her she was one in ye court for her tongue, & if 
she would not rule her tongue he must haue it ruled, he now 
added that he app'^hended her tongue was ye cause of he being 
brought into ye court. Goodwife Fuller declared what had 
passed betwixt Fra: Newman and her, & Mr. Newman an- 
swered, but both to ye same purpose, as is before expressed. 

Lancelot Fuller to clere his wife aboute ye forementioned in- 



476 NEW HAVKN COLONY KECOIIDS. [1649 

vitatioii, informed y" court y^ it was Imisclfe (and not his wife) 
that invited Mr. Stone and M. Westcrhouse w^i him to breck- 
fast, and it was by way of rcturne for intertainment & kindnes 
he received from Mr. Stone in ye Bay, and M. Westerhouse 
being p^'sent testified in court, that Lanclot Fuller did invite 
Mr. Stone & himselfe to his house. 

Vpon due consideration of y^ pfmises, the court tooke notice 
of that passage wher Goodwife Fuller saith she would haue 
scorned to goe vp & downe w*h lyes, &c. and that she would 
haue wrapt vp Mr. Newman in y^ guilt, they told her it was 
from her pride and selfe confidenc, and that vsually leaues 
such to miscary, but in rcfferenc to the action as it hath bine 
opened & proved, they find that M^s Newman was out of her 
way & breake rale in receiving a reproach against a neighbour 
from Mary Pery a girle, that y^ spreading of it increased yc 
sinn, and tended to y" defamation of Goodwife Fuller, & that 
the satisfaction tendered was short of what the case required, 
not reaching to y^ healing of her name so farr as she might 
[246] haue gone, || and that those after passages, if Good- 
wife Fuller were not satisfied she must goe wUiout satisfaction, 
and that she were best let this dye for feare it should bring out 
more or worse, were full of provocation and did increase y^ 
offence. And for Mr. Newman, the court also found that he 
fell short of his duty, both in not pressing y^ rule vpon his 
wife, that by due satisfaction the matter might have bine ended 
in ])rivate, and that himselfe instead of speaking healing words 
did vnnecessaryly provoake, in saying Goodwife was one 
brought into y" court for her tongue, & that he would tame 
her tongue or must haue it ruled ; y^ court remembred y^ pas- 
sage aimed at, and that Goody Fuller, (then maid servant to 
M. Evanc) was plantife, they caused y^ tryall of that action to 
be read, and found M. Newman was out of his way in making 
such Vse of that suit in this case, when he should rather haue 
aplyed himselfe to make vp what was defective in his wives 
satisfaction, they therfore thought fitt and ordered, that Mr. 
Newman paye 5' to Launclot Fuller & his wife, to repaire her 
in poynt of injury. 



1649] NEW HAVEN COLONY RECORDS. 477 



At a Court held at Newhaven the 7'^ of August, 1649. 

Rogger Allen & John Brocket being both warned to watch 
neglected and came not. Rogger Allen Ijeing in conrt an- 
swered that it is true he had warning but forgott to tell y" 
man that he hired to watch for him. For Jn^ Brocket Mr. 
Evanc said he was w^h him and sent this answer to the court, 
that he conceives he is exempted from watching by the court 
order, but Jn'^ Brocket not being p^sent and y last order 
made aboute that not being in court, it was refferred till y^ 
gouerner come home. For Rogger Allen the court ordered 
that he paye y^ fine w^h is 5^. 

Nickholas Slooper for being found asleepe in y" meeting- 
house when hee should have bine vpon his watch was fined 
2^ 6J. 

William Judson was fined l)ecause his man Jn° Knight 
came not to trayne one squadron day, 2^ 6'^, for when liis man 
would haue gone and told him it was time he w4d\eld him. 
He saith himselfe because ho went to trayne y^ day before 
when they trayned not because it rained, yet his man staled 
out till night, but was told he must looke to his man for that. 

Mr. Rudderford & Phillip Galpin were appoynted to prise 
yc estate of Addam Beere a Duchman that dyed at William 
Andrewes, & y* an inventorie be brought in court. 

Mr. Evanc hath sold to Mathew Moultlirop 4 aC^ 26 rod of 
Mr. Trobridges first devission of land lying on y<^ west side. 

Mr. Evanc hath sold to Mathias Hitchcocke 4 ac^ 26 rod of 
Mr. Trobridges first devission of land lying on y^ west side. 

Mr. Evanc hath sold to William Ives, now possessed by Wil- 
liam Basset, 4 ac^ 26 rod of Mr. Tro1)ridges first devission of 
land lying on y" west side. 

William Basset passeth ouer to Robert Emry one house and 
barne somtime Edward Banisters, w4i 6 ac*"^ & A of vpland on 
this side y*^ West River in y^ subverbes quarter, the front to 
y west lane, y^ reare to y"^ midle of y^ quarter. And 3 ac^ 
of meddowe in y^ west meddow betweene Jn^ Clarke & An- 
thony Tompson, on end butting vpon y«= West River, y other 



478 NEW HAVEN COLONY RECORDS. [1649 

end vpoii yp quarter; and 30 ac^ of vpland on ye other side of 
yc West River. 

Jeremiah Osborne informed the court that Henry Pecke 
reported that their maide (Sarah Ollard,) was w'h child by 
him ye said Jeremiah. Henry Pecke answered that such a 
report of y<^ maid was brought into his house as he tooke it 
vp, but vpon examination it proved to be but a supposition, 
and he reported that it was so, but he sees that it was his mis- 
take and his sinn & is sorrey that he was so foolish to speake 
so, and for Jeremiah being the father of it, it was his mistake 
also, for he hearing some a talking of Jeremiah and the maide, 
tooke it vp that they spake of that matter and him to be y^ 
father, but vpon examination it appeared they spake of no such 
thing, but that Jeremiah was to haue her, but vpon this mis- 
take he reported it. He was asked whoe brought it to his 
house, he said goodwife Bunill. Goodwife Bunill said that 
she had said to goodwife Pecke that goodwife Charles wished 
ther was no more in y^ towne in Rebecka Turners case, for 
ther was a maide that satt necrc her at meeting that did bar- 
[247] nisli apace, || but she named nobody, nor could she 
tell who it was, and she said to goodwife Charles, if that be 
yo'" thoughts yow were best speake of it wher yow best may. 
Goodwife Charles, that she and Thomas Marshall (whoe was at 
worke at her house,) being speaking aboute Rebecka Tvirner, 
what a sad thing it was, she said it is well if ther be no more 
in her case, she remembers no more that she saide. Henry 
Pecke was asked if he had any Avitnes that could cleare it that 
either of these women was ye anther of this report, he said he 
had none. The plantifs hauing also spoken what they would 
in ye case, the court proceeded to sentence, and ordered that 
Henry Pecke paye to Jeremiah Osborne & Sarah Ollard for ye 
wrong he hath done them 5', w^h is to be devided betwixt 
them. 

Mr. Crane complained of Samuell Whithead for leaving 
open ther quarter gate, he owned the thing, but said ye fenc 
was downe aboute it. Mr. Crane sd true, and was fined for 
it, and ye gate also because catle came in at it. The court 
declared themselues that they could not alter the generall 



1649] NEW HAVEN COLONY RECOEDS. 479 

courts order, and therfore Samuel Whithead must paye for 
this miscariag 5^ 



At a Court held at Newhaven the 4*^ of September, 1649. 

The last will and Testament of Edward Banister (deceased) 
was pi'sented in court,* made the 8"i of May, 1649, confirmed 
by his owne hand and*witnesscd by Richard Miles, William 
Andrewes &, Jn° Nash, whoc now in court tooke oath that the 
said Edward Banister being in good vnderstanding and mem- 
ory as farr as they could judg, did make this wrighting now 
p''sented in court to w^h their hands are ..subscribed, hisdast 
will and testament. Also the inventory of y^ estate of the 
said Edward Banister was p''sented in court, amounting to 
6Q^ : 04: 00, made the 21tn of May, 1649, prised by Richard 
Miles, William Andrewes and John Nash, vpon oath for ye 
valew of the goodes, and Ellen Banister widdow and executrix 
of y^. last will & testament of her deceased husband, tooke oath 
that his whole estate, to y« best of her light and knowledg is 
conteyned in y^ pcells and pticulars mentioned & prised in the 
said inventorie. 

The court granted to William Davis administration vpon ye 
estate of James Hayward deceased, and he accepted it and 
delivered into y^ court an inventorie of the estate of the said 
James Hayward, amounting to 00: 4: 7^', beside 59: 0: in 
y- ship Fellowship, prised by William Andrewes, Thomas 
Munson, Thomas Kimberly and Thomas Wheeler jun"", vpon 
oath for ye vallew of it. And William Davis ye administrator 
tooke oath that y® whole estate of James Hayward, to the best 

* The last will and testament of Edward Banister late of New Haven deceased 
made 8th of May, 1649. 

He gives his daughter ten pounds more than his wife, his daughter to receive her 
portion when she is sixteen years of age — makes his wife executrix, and elder New- 
man and Francis Newman overseers of his will. 

Goodman Miles is to have his daughter to bring her up till she is sixteen years of 
age — his wife and the overseers to have the dispose of her marriage — if his daughter 
die before she come to sixteen years of age, her portion to return to her mother- if 
they both die without a lawful heir, then it shall go to the churches use. The mark of 
Edward Banister, witnesses, Richard Miles, William Andrewes, John Nash, the mark 
of Thomas Wheeler. 



480 NEW HAVEN COLONY RECOKDS. [1649 

of his light and knowledg, is conteyned in y^ pcells & pticulars 
mentioned and prised in the said inventory.* 

Mr, Samnel Goodanhoiisen was called to give in secnrity 
for the portions of his wives chilldren. Hee said he had paide 
Mr. Yale 35', w^h he accepted for full satisfaction for his wives 
portion, and for Thomas Meekes he is willing to accept of the 
house and 19 ac^^ of land next the towne (lying by y^ necke 
highway) for y^ portion of Rebecka Turner, now his wife, and 
Thomas Meekes declared in court that he is willing to accept 
of ye said 19 ac^ of land, be it more or less & y« house & 
home lott & barne at towne, in full satisfaction for his wives 
portion, and Mr. Goodanhouse did now in court pass the house, 
home lot & barne, and the said 19 ac^ of land, be it more or 
less, w<=h was Capt. Turners, and Thorn Meekes accepted it for 
full satisfaction. 

For the rest of the chilldrens portions, the court refferred 
Mr. Goodanhousen till ye next court, that he might consider 
wUi his wife aboute it, for the portions of y^ chilldren doe 
come to more then 35' a pec, according to y^ order, the estate 
being as it is, and then the court will consider of it againe. 

The portions of M^'s Goodyeares chilldren were allso con- 
sidered of, but some difficulty appearing, it was respited to y" 
next court, and in yc meane time ]Mr. Goodyeare was desired 
to confcre w'h the gouerncr & Mr. Evanc to prepare it for y 
next court, y' the estate may be equally devided, that the 

* Date of tlic inventory not given. 

Carpenters tools and lumber, prised by Thomas Munson, William Andrewes, sum 
£57,18,7. 

Debts due to the estate — From Derrecke Johnson £10, 10, from Mr. Goodyear £16, 
19, from William Holt £1, 8, 4, from Jeremiah Osborne £0, 7, from Ephraim I'ening- 
ton £0, 3, from Richard Beech £0, 16, from John Beech £0, 5, 11, from Thomas Moris 
£0, 16, 8, besides his part in the ship Fellowship £59. 

The Estate of James Hay ward is Debtor— To Mr. Evans £4, 11, 10, to John Jack- 
man £0, 10, to John Gibbs £0, 18, to Jeremiah Whitnel £0, 18, to Thomas Johnson 
£0, 4, to Henry Glover £3, 13, 7, to the smith at Stratford £0, 3, to Robert Usher £3, 
to Phillip Leeke £5, to John Tompson £1, 18, to widow Preston £0, 5, to John Harri- 
man £0, 10, 6, to Richard Williams £0, 12, to Richard Webb £0, 5, 3, to John Tomp- 
son, farmer £0, 1, to William Fowler £0, 9, 6, to Ralph Dayton £0, 5, 6, to AVilliam 
Davis £2, 3, to John Moss of Boston £4 to Mr. Ting of Boston, for a but of wine £12, 
10, to Edward Fletcher of Boston £4, 15, 9, to Thomas Munson £0, 2, 6, to William 
Pecke £0, 4, 6, to the ferryman £0, 1, 4, to Thomas Osborne £2, 2, to Henry Bristow 
£0, 6, to Benjamin WiHmot ,£0, 3, to Mr. Gibbard £0, 14, 7, to Mr. Crtvne £0, 4, to 
Mr. Hooke £0, 5, 3, to Mr. Atwater £6, 7, 8, to John Basset £0, 2. Court charges 
£0, 6. Total £67, 12, 9. 



1649] NEW HAVEN COLONY RECORDS. 481 

mothor and the cliilldreii may haiie thor due proportions, both 
in the better & more hazardous pts of the estate. 

Mr. Gibbard & Eichard Miles, calling Thorn Moris to them, 
were desired to prise the estate of Adam Becre a Duchman 
w^h dyed at William Andrewes, and to liring the inventorie of 
it into the court, according to order. 

Thomas Munson tooke oath that y^ apprism' he made of 
Robert Prestons goods or estate was justly done. 



At a Generall Court held at Newhauen the 10'^ op Sep- 
tember, 1649. 

The Governer acquainted the court w'h the rumores he 
heares concerning the Indians and allso w*h what Thomas 
Stanton brought in way of returne from them, in w^h answers 
and cariages ther pride and insolencie appeared, so that he 
conceives it is not safe for the towne to goe on in ther watch 
as it was last ordered, but that some other maimer of watch 
be setled for y^ p^sent, and likewise that y^ gaurd be doubled 
on y*' Lords dayes and lecture dayes, and that men whose 
turne it is not to bring amies, yet bring ther swords. 

The court considered of the things propounded, and refferred 
the whole ordering of these matters and what else is necessary 
to ye pticular court and y^ sarjants joyned w'h them. 
[248] II The Gouerner also hiformed the court that ther is 
need that a generall court be called for ye jurisdiction & 
therfore deputies must be chosen for this towne, and accord- 
ingly Mr. Crane and Francis Newman were chosen deputies 
for ye next generall jurisdiction court, and to continew as 
deputies for that service vpon any ocasion, till ye chusing 
of deputies for the generall jurisdiction court to be held in 
May next. 

The Gouerner further informed the court that Sarjant Mun- 
son is aboute goeing to Connecticote, to staye their this win- 
ter, therfore the court maye consider whether it be safe for ye 
towne to lett him goe, seeing Sarjant Andrewes is not at home. 
The court thought it not fitt that he should now goe, but 
61 



482 NEW HAVEN COLONY RECORDS. [1649 

desired the gouerner to iiiforme tlieiu at Cunnecticote whom 
it coiicenics, that it is not his neglect but the toAvne hinders 
him for pul)lique respects. 

It is ordered that next fourth day ther be a view of amies 
ill y morning before lecture, and trayning in y aftcrnoone if 
it be faire, and if not, that then the trayning be the next second 
day following. 



At a Generall Court for Newhaven the 24t'' of Septem- 
ber, 1641). 

Jn" Ponderson, Jn" Moss & Nickholas Elsy had libbertie to 
depart the court. 

The Governer acquainted the court that the generall juris- 
diction court have thought meete that provission be made and 
in a readines for our defenc against the Indians,* and for a 
goeing forth of men, if ther be ocasion, though they know not 
what will be don till they haue advised w'h other colonies, for 
w' h purpose letters are sent to them, but for y^ better make- 
ing provission for oursclues, they haue laid a rate vpon the 
jurisdiction, of 200', of which Newhaven is to paye 93': 16^: 
00'', ])eside ther pte of ther former rate, w'li was 70' : 07^ : 00'', 
both w^li are to be paide now p'scntly, viz'' : one halfe by the 
first of October next, the other halfe by the first of November 
next following, to be paid either in money, beavour, good 
wampom, or in wheat at 4% 6'', pease or rye at 3^: 6'', Indian 
corne at 2^ : 6'', beefe or porke as they can agree w'h the treas- 
urer. Tlje court considered of what is propounded, and 
ordered that 1 year and a halfe rate ])e paide forthw'h, beside 
the ordinary rate due in October next. 



* The general court of Connecticut, Sept. 13, 1649, taking into serious consideration 
what might be done according to God in way of revenge of the blood of Jolni Wliitt- 
more late of Stamford, and well weighing all circumstances together with the cariagc 
of the Indians bordering thereupon, in and about the premises, declared themselves 
that they judged it lawful, and according to God, to make war upon tliem, thej' tliere- 
fore desired the deputy governor, Mr. Ludlow and Mr. Talcott to ride the next day to 
New Haven, and confer with Mr. Eaton and the rest of the magistrates there about 
sending out against the Indians, and on Sept. 18th they sent out 45 men to assist tlie 
colony of New Haven. These spirited measures appear to have had the desired etfcct. 
The Indians at Stamford it seems soon became peaceable. 

Trumb. Col. Kcc. Conn. i. 197. Trumb. Conn. i. 192. 



1649] NEW HAVEN COLONY RECORDS. 483 

Further the gouerncr informed the court that those whom 
they appointed to order the watch and other things of tliat 
nature, haue done it, and for tlic p'sent wliile these dangers of 
ye Indians continew, they thinke tliat tlie watch must consist 
of 9 men, that is 8 and a watcli master, all w^h are to he at 
ye place appointed halfe an hower of sunsett at furthest, and 
y° watch to be sett an hower after sunsett, and that 4 be sent 
to walke the rounds on pte of y^ night, and y^ other at y^ court 
of gaurd keepe sentinell in ther course, and the other 4 
walke ye other pt of y' night, and them that first walked 
keepe sentinell. The other orders of y^ watch, when it con- 
sisted of 7 men, standing still in force. They also thinke that 
two squadrons com w^h ther amies vpon y® Saboth and other 
meeting dayes, and that those whose turno it is not to bring 
armes, yett bring ther swords, and for neglect of bringing ther 
swords should paye 12^' a time. They haue further ordered 
that 20 cotton quilted coates, and 20 boxes for cartrages, and 
20 knapsackes, at y° towncs charge. Care also is taken to 
gett lead that bullits may be made for ye townes service. 

The drumer was ordered to beate the drum every morning, 
halfe an hower before day, w'hin y° square of j^ markit place 
and in some of ye streetes, and that the last watch call him an 
hower before day and walke w'h him as a gaurd while he con- 
tinewes beating. 

The drumer was ordered not to beate the drum in ye day 
time vpon his owne ocasions, that men that are abroade may 
not be disturbed w'h feares of an alarum when ther is none, 
onely tomorrow and the day following he hath libbertie to 
beate, to fitt vp a drum for Stamford. 

It is ordered that hencforward, during the troubles and dan- 
gers w-h and from ye Indians, if any pson or psons (haning 
ocasion to be abroade in or aboute the towne after the watch 
is sett, w^h shall be at furthest w'hin an hower after the sunn 
is sett every night,) being required by ye sentinell or any of 
ye Avatchmen weh shall be appointed to walke ye rounds to 
stand, and shall refuse so to doe, but shall vpon the first call 
runn away or indcavour to hide themselues or shifte from the 
watch, or vpon the second or third call of any of ye watchmen, 



484 NEW HAVEN COLONY RECORDS. [1649 

sentinel or other, sluill not stand & speake w^i the watch, that 
he or they may bee knowne and examined if ther be cause, 
but shall afront the watcli and make from them, the sentinell 
or watchmen in such case, to secure the townc from danger, 
and pticularly from Indian stratagems and mischeife, are to 
shoote at him or them that so stul)bornly and suspitiously cary 
themselues, and if they receive any hurt, they haue brought 
it vpon themselues, and the watchmen in such cases shall be 
accounted innocent, hauing done nothing but what ther trust 
and duty calls for. 

It is further ordered that if those that walke the rounds 
shall discover any danger by Indians or fire, & shoote of 
[249] though but one gunn, it shall be answered [[by the 
sentinel, and y^ drum to beate, w^h is to lye at the prison, 
and Nathaniel Kimberly to beate it vpon such ocasion. The 
watch is also to cry arme, arme, or fire, fire, as the danger is, 
tliis to be taken by the towne as an alarum, or if y*^ watch 
should be hindered of shooting and yett cry as before, the 
sentinel is to shoote & another pec at y° court of gaurd, & 
ye drum beate, that y^ towne may be raysed to secure them- 
selues. 

The Gouerner informed the court that the jurisdiction had 
ordered that the matters to be caryed on by a counscll of warr, 
they left to himselfe and y^ magistrats and whome else he 
should call into them, w^li the court approved and confirmed. 

It is ordered that 20 of y° pikes that may be most fitt for 
it, should be cut to make 20 halfe pikes of. 

It is desired that the farmers aboute this towne would con- 
sider how to provide for ther ownc safety in this time of dan- 
ger, and that neither they nor any other leave amies in ther 
houses vnless they hide them, least y^ Indians breake in and 
steale them ; and that men would be carfuU not to leave their 
amies carelesly in y« meeting house or clswhere. 

It was propounded that some wood might be provided for 
ye watch. The sarjants were desired to inquire who hath not 
wrought in y^ markit place, that they might cut some wood 
out, and in y^ meane time y^ treasurer was to provide a loade. 



1649] NEW HAVEN COLONY RECOEDS. 485 

It was propounded that some paiinels or packsadles might 
be provided. 

It was desired that men would be spareing in shooting of 
gunns in the towne, least they should make those abroade 
thinke ther was an alarum. 

The watch was desired in ther walking y" rounds not to 
talke as they goe. 

It is ordered that a man being put into y*^ watch, if he hire 
another to watch for him, it shall be such a one as y^ master 
of the watch shall alowe of, and that he give the watchmas- 
ter notice beforehand, that if he like not y^ man he may liaue 
time to provide another, w^h if y^ master of y'' watch is put 
to doe, it must be at y^ watchmans charge, thoughe he give 
double paye and y*^ fine of totall absenc beside, if he neglect 
to send a sufficient man or to give due notice, and j^ watch- 
masters were desired to see that they send not out two youthcs 
together, but that one be a man in whom they may repose 
trust. 

It is ordered that vpon y^ dayes of pul^lique meeting, a sen- 
tinel should stand vpon the meeting house to discover any 
danger that may be, and that every night on of ye watchmen 
be sent vp ther two or three times to looke aboute and make 
discovery of any danger by fire or Indians, or other danger 
that may be espied. And Thomas Munson & Jervice Boykin 
were desired to mend y^ ladder that they goe vp vpon and ye 
floure, both goeing to it and landing from it. 

It was thought fitt that when men shall goe forth against 
the Indians, yt our Indians be sent for and warned not to 
come to or aboute y^ towne but vpon their perill. 

It was propounded and debated that some course might ha 
taken that fences might be made better, that swine might goe 
abroade ; that some feild might be onely for planting Indian 
corne, and not plant Indian and English together ; that ye 
fenc might be brought to a less quantity, that men might ye 
better maintayne them. The court considered of the things, 
and thought they were weightie and of great concernmt to the 
towne, therfore ordered to cliuse a comittee to consider and 
debate these things privatly and prepare it against another 



48(3 NEW HAVEN COLONY RECORDS. [1649 

court. The coinittee chosen is the pticular court, and one out 
of each quarter, viz'', Mr. Tuttill, John Coopr, William Judson, 
Robert Johnson, Mr. Wakenian, William Davis, Samuel Whit- 
head, Henry Lindall, Thomas Nash & Francis Browne. 



[250] At a Court held at Newhauen the 2i'» of Octo- 
ber, 1049. 

Mathew Camfeild was fined for want of some powder 
last viewing day 12^, and fur not bringing his amies to 
meeting one lecture day, 2-^ Q"^. 

Henry Pecke and Thomas Marshall for not bringing tlier 
amies to y*^ meeting on day when ii was their turiie, was fined 
each man, 2=* G^i. 

Widdow Tompson tooke oath that the inventory she for- 
merly delivered in to the court, of her late husband, Anthony 
Tompsons estate, was a just and true inventorie, to y*^ best of 
her light and knowledge. 

Richard Miles, William Tompson and Mathew Camfeild 
tooke oath that they prised the goods conteyned in y^ same 
inventorie justly, according to the best of ther light and 
knowledge. 

William Basset for coming late to his watch was lined 12''. 

Luke Atkinson being hired to watch for AYilliam Tompson, 
and hauhig seasonable warning, yet came to late, was fined 
12''. 

Robert Meaker for refusing to Avatch when he was warned 
was fined 6^ 

Sarjant Munson was complained of for neglecting to give 
out tlie bills of y*^ watches in his squadron in season, wherby 
the watch could not be full one night, and he seeing and con- 
fessing it was his mistake, told y^ master of y" watch he would 
come downe & see y^ watch made vp, but did not, nor can tell 
any reason w'-h might justly hinder his coming. The court 
considered of his miscariage herein, and ordered that he |)aye 
as a fine to y-' towne, 6^ 8''. 

John Bud passeth ouer to Willinni Tompson a pcell of land 



1649] NEW HAVEN COLONY RECORDS. 487 

lying ill y quarter called Mr. Lambertoiis quarter, w'hiii the 
two mile, conteyiiiug 35 ac'"% Ije it more or less, bounded on y^ 
east Av'li the sea, the subverbes quarter on y^ west, betwixt of 
William Jeaiies and Thomas Lampson. Also 17 ac'=* of med- 
dow lying on y Indian side, bounded by the sea on y*^ west & 
north, Thomas Lamsons meddow on j° east, and y^ Indians 
land on y^ south. 

Thomas James passeth ouer to Richard Hull 6 aC'^ 1 quar- 
ter of meddow lying at y^ bottom of y° necke next y*^ East 
River, and 5 acres, a lialfe Si 20 rod of vpland lying in y«= 
Yorksheir quarter by the towiie side, j^ other side lying next 
Mr. Yales lott, the one end butting vpon Robert Johnsons 
lott ; and 5 ac'"^ h 20 rod on y^ other side the West River, 
wUiin ye two mile ; and halfe his proprietie in his second de- 
vission, not yet laid out. 

Thomas James allso passeth ouer to Robert Johnson the same 
proportion of meddow and vpland as before exprest to Richard 
Hull, butted & bounded as j^ is. 

Robert Johnson, because he wanted some match, was lined 
12'i. 

John Knight, because his wrest was broake and his gunn 
rusty, so that they were both vnservicable, was fined 5^ 

James Russell, because he wanted some match, was fined 
12''. 

John Walker, because his mans wrest was too short, was 
fined 12'i. 

Henry Bristow, because the scabl)ard of his sword was broke 
so that the point came out, w^li is dangerous, was fined 12^. 

Richard Hull, because his sonn Jeremiah wanted worme & 
scourer, fined 12''. 

Edward Granest, for want of worme, scourer & flints, was 
fined 18d. 

Benjamin Willmot, for want of some bullits, fined 12''. 

Jeremiah Watts, for want of flints &, a socket for his gunn- 
sticke, fined 12'^. 

James Clements, for want of 2' of liullits & a scourer, fined 
2-^ 6-'. 

Samuel Hodgkins, for goeing into y« watch-house and lying 



488 NEW HAVEN COLONY RECORDS. [1649 

downe by the lire and sleeping, when he should have stood 
sentinel, was fined 5*, and is not to watch for any man but 
himsclfc. 

John Bishop & Joseph Watters, for sleeping in ther watch, 
was fined each of them 2^ Q"^, and John Bishop, for sleeping 
at another time in y^' watch, fined 2« 6''. 

Jeremiah Osborn was fined 2^ because he wanted 7 yards 
of match, & is injoyned to provide himselfe forthw'h. 

Thomas Osborn senio"", because the scabbard of his owne 
sword & of his sonn Johns allso, was fined 2^. 

Richard Percy passeth ouer to Thomas Kimberly his house 
& barne, & home lott, conteyning 2 ac" ^, and 18 ac"^ I of 
land in y^ necke, and Thomas Kimberly is to haue 20^ out of 
ye rent Mr. Malbon is to paye for that pte of the Ijarne w^h 
he hires this yeare. 

[251] James Clements & Nickholas Slooper were com- 
plained of for vnfaithfullncs in the watch, and for plotting 
and contriving to make & maintayne a lye to hide & cover 
this ther willfuU miscariage, for Richard Hull being m"^ of y^ 
watch, would not haue had them two goe forth together, but 
they seemed not satisfied vnless they might goe together, hau- 
ing, as he conceiveth, bine plotting the former part of y^ 
night, (when he observed them buisie in private talke,) what 
to doe, so he resolved to lett them goe together & watch them 
to see what they would doe, and aboute 12 a clocke in yc 
night he sent them forth ; they said they would goe downe 
Mr. Eatons streete, he himselfe followed them and saw them 
goe directly downe the other streete to Thomas Meekes his 
house, and went in at y-' gate ; afterward he returned to j^ 
court of gaurd and called Robert Tamadge, and they two 
walked aboute y^ towne and mett aljoutc Robert Bassets but 
saw them not. After they cam in againe and sent forth 
Robert Tamadge & Jn^ Bishop towards morning, for yc day 
Starr was pretty high, and they goeing downe the same streete, 
when they came neere aboute Richard Bccklyes house they 
saw them coming, and lieard James Clements say tliat they 
would make them bcleeve they had walked the rounds two or 
three times, aiid accordingly when they came to y^ watch- 



1649] NEW HAVEN COLONY RECORDS. 489 

house, James began to speake discontentedly that they were 
put to walke so long, as if he would haue outfaced the mas- 
ter and watchmen also, but they being caled to answer before 
ye court to this charged vpon them, James Clements at first 
denyed y^ charge and said they did goe downe Mr, Batons 
street and walked the rounds, but Slooper being examined 
said they went to Thomas Meekes his yard to eat peaches, and 
after they both confessed they staide vnder y^ barne side 
because it was warme, thoughe they both say they walked one 
vp to Thomas Wheelers and staide a while vnder y^ pailes. 
They was asked why they agreed together to make and tell 
such a lye, to hide and cover ther vnfaithfullnese in such a 
trust coraitted to them, and that in this time of danger. 

Slooper said he did not first move it, and James at first said 
he remembers not that he spake siich words, but it being tes- 
tifyed by Robert Tamadge & John Bishop, he owned ye thing, 
and sd he confeseth it was his fault, and it was from y^ guilt 
of his conscienc and working of Sathan, and he desires to 
1)0 humbled before God for it. 

The sentenc of y® court is, that for this miscariage of theirs 
they be both whipped. 

Mr. Eaton informed the court that he sometime lett his 
farme to Robert Emry and Richard Webb, but Robert Emry 
grewe weary and Richard Webb was very earnest to haue it 
himselfe, and did take it vpon y" former termes, but he kept 
not ye covenants, wherevpon Mr. Eaton told Richard Webb, if 
he would not put in securitie to keepe his covenants, he must 
leave the farme. Richard Webb at first was vnwilling, but 
after consented to leave the farme, and they both agreed to 
refferre matters of diflferenc to Jasper Crane and Richard Miles. 
After Richard Webb desired Henry Henry Lendall might be 
added, and the goiierner was content'; but beside ther is a 
clear debte of 14' 16« 07^, due from Richard Webb to Mr. 
Eaton, as appeares vpon accounts made vp betwixt them, but 
when those three before mentioned had considered things and 
drawne vp y^ result of Mier thoughts, Richard Webb was vn- 
satisfied & said it should come to the court. 

Richard Webb said he ownes the debte of 14i 16^ 07'i, but 
62 



490 NEW HAVEN COLONY RECORDS. [1649 

his cattle are attached that he cannot sell them to paye the 
debte. Hee was told that if w^hin 10 dayes he can procure 
a chapman to buy so many of his catle as will paye this debt 
to the gouerner, he shall haue his libbertie to make the best 
of so many of them, for ye rest the attachment is to stand till 
other differences be issued. Richard Webb declared himselfe 
freely willing to it, and said it should be done. 

Hee was further told that if it was not don in y" time ap- 
pointed, Mr. Crane and Richard Miles are ordered by this 
court to haue y^ catle looked vp at his charge, and prise so 
many of them as will paye this debt, to w^h he agreed also. 

Richard Webb further said that for ye other differences he 
doubted not but if the arbytrators would meete once againe 
they should issue all matters, wherupon the court desired 
them that they would take a litle more paines in it. They 
were very vnwdlling, yett were perswaded, desiring that Mr„ 
Evanc might be p''sent, whoe being a magistrate, might if ther 
was cause give oath to the witnesses. To this the gouerner 
agreed and desired it might he so, and Richard Wel-)b prom- 
ised before the court to stand to what issue these arbytrators 
should put to it, as the gouerner had declared himselfe sun- 
dry times before. This Richard Webb promised sho\ild be 
done betwixt this & the next court, at his care and charge, 
else it must come to the court againe whoe will then issue it. 



[252] At a Generall Court held at Newhauen the 
8''' OF October, 1G49. 

The Gouerner acquainted the court that the coinittee they 
appointed to consider aboute fences and swine have mett 
twice, and doe tliinke that swine may hare libbertie to goe 
abroade for a month or 6 weekes, now while akehornes last, 
being well and sufficiently ringed and approved of by one 
whomc the court may appointe for that service. They thinke 
also that fences may be reduced to a*!ess quantitie, and that 
that w^h is vpheld should be maintayned substantiall & suffi- 
cient against hoggs or any other catle. They thinke that 



1649] NEW HAVEN COLONY RECORDS. 491 

every mans swine should be marked and the marke of them 
brought into a place w<^h the court shall appointe, w^h every 
mans name to his marke, vnder such a fine as y" court shall 
thinke fitt. 

The court considered of the severall things propounded, 
and ordered that for 6 weekes from this day all swine, whether 
belonging to farmes or towne, shall haue libbertie to goe 
abroade, being well and sufficiently ringed, wUi on ringe in y*" 
midle of y*' nose, W^h shall either be done by Jn" Coopr, or 
approved of by him, whoe is to be vnder oath to doe faithfully 
therein. And whatever swine shall be found abroade, aboue 
12 weekes old after this day vnringed, or not sufiiciently 
ringed, the owner shall pay for every swine 12^^ for each de- 
fault, and for them that are vnder 12 weekes old, the damage 
that they doe, if it be required. They further order that 
every man marke his swine and bring in his marke, w^h his 
name, to Jn° Coopr.- And if after this day any mans swine 
be found abroade vnmarkcd, to pay o^ 4'', according to y^ juris- 
diction court order, and if not brought in to Jn^ Coopr, 12*1 
a swine, and whatever swine shall doe damage in meddowes, 
the owner of y"^ swine shall paye the damage, because it is 
supposed if they were well ringed they could doe none ther. 

And it is further ordered, that if after 6 weekes time swine 
shall goe abroade and doe damage, (thoughe ringed) the own- 
er of ys swine shall paye it, vnless he can prove the fence was 
downe wher they went in, then y^ owner of y^ fenc to beare it. 

It is ordered that all the fences w^li the severall quarters 
shall agree to vphold and maintayne, shall betwixt this and y^ 
first of May next, be made substantial and stronge, both 
against swine and other catle, and if after swine (though ring- 
ed,) shall be found in any quarter or come feild, the owner of 
ye swine must beare all damage, and if he can finde any fenc 
downe where they did or might come in, he may releive him- 
selfe from y^ fence, as in case of other catle formerly ordered, 
but if no fenc be found downe it is supposed they swime y^ riv- 
ers (w<=h must be at y« owners perill,) w^h are supposed and 
alowed for a fenc in this case. 

It is ordered that after on yeere no man shall plant Indian 



492 NEW HAVEN COLONY RECORDS. [1649 

corne in any qiiartr by small spotts or pcells to y° prejudice of 
ye quarter vnless it be by joynt consent. 

It is ordered that when ther shall be a meeting warned by 
any quarter or quarters, the scverall proprietors therin liaue- 
ing had 24 howers warning, if any of them shall neglect to 
come to such meeting, the major pte of y"^ quarter being to- 
gether, may & haue power from this court to conclude of any 
thing w<=h is for the publique good of y'' quarters, proprietie 
of land or other pticular interest of that nature excepted. 
And for the more orderly carying on of such meetings it is 
thought fitt and ordered, that when any of y^ Yorksheire quar- 
ter, Mr. Wakemans quarter or Mr. Goodyears quarter, shall 
see cause of a meeting, they shall repaire to Mr. Goodyeare 
and inform him of y^ cause of such meeting, and if Mr. Good- 
yeare see cause, he shall give order to ha\ie a meeting warned. 
The same is for y^ subverbes quarter and Mr. Laml^ertons 
quarter, and if any of Mr. Batons quarter, Mr. Dauenports 
quarter or Oyster shell feild, tliinke ther is neede of a meeting, 
they shall repaire to y<= gouerner and informe him, and if he 
see cause he shall order a meeting to be warned. And for 
Mr. Ro: Newmans quarter & that next wher Mr. Ceffinch 
lives, they shall repaire to Mr. Roliert Newman, and if he 
thinkes ther is cause of a meeting he shall order one to be 
warned. But it is desired that care may be taken that not 
any two of these meetings be warned vpon on day, because 
some men haue land in severall quarters. 

The court granted to Lancelot Fuller the land lately grant- 
ed to Jonathan Marsh, out of Mr. Roes lot, vpon y*^ same con- 
ditions he had it, provided that they agree togetlier that y^ 
rates for the time past be pd w'hout trouble to y° treasurer. 

The Gouerner acquainted the court that ther is a differenc 
betwixt this towne & Totoket in y^ bounds of y - lands l)etwixt 
vs & them, w^h is to be reffered to arbytration. They haue 
chosen Mr. Disbrowe and Mr. Leete of Guilford, and this towne 
must chuse two out of another towne. The court agreed and 
chose Capt. Astwood & Mr. Tapp of Milford, & doe desire y" 
for this service. 

Leivtenant Seely was desired to remember when y^ magis- 



1649] NEW HAVEN COLONY RECOEDS. 493 

trats come to y^ court, to speake that the bounds betwixt Mil- 
ford and vs may be sett fortli w^hout dclaye. 

The coiTiittee chosen the 10"' of March last to consider 
abouto rates were ordered to meete vpon the fourth day next, 
at three a clocke, that the buisnes aboute rates comitted to 
them may be forthw^i issued. 

[253] II At a meeting of the pticular court in a private way 
the 6th of October, 1649, Thomas Whitway of Totoket charged 
3 men, viz. the two Bartlets & on Hegbe, a young man, that 
they lying at Totoket or nere theraboute w^h ther boate to 
mend it as they said, did shoote at and kill on of his tlie sd 
Thorn Whitwayes swine, w^h came downe to feed at y^ watter 
side. They confessed they had so done, but said tliey was in 
want ofprovission and did it to supply ther neede, though that 
appeared not, because they had Indian corne aboarde & some 
cliese. They said also that they intended to paye him for it, 
but though they had time they did not any way acquainte him 
w'h it, till Thomas Whitway mising one of his hoggs &' in- 
quiring after it was told by Mr. Swaines sonn Samuell, that 
he suspected these men had killed it, whervpon he went to 
search the boate, & hauing first inquired of them for his swine, 
they said they saw none that day, but the day before they saw 
some W^h went that way, but said not a word that they had 
killed on of them till he told them he suspected they had 
killed on of them & he was come to search for it ; then they 
said he need not search, they had it. 

The court considered of the miscariag and it appeared very 
foule, and they could not judg it any less then plaine tlieft, & 
therfore ordered tliat the two Bartlets & this Hegbe pay to 
Thomas Whitway double for liis hogg, (w^h was by him, & 
they owned it, vallewd at 23%) that they allso pay Thomas 
Whitwayes charges, w<=h he saith is 5% and y* they pay to y^ 
marshall for his time & trouble aboute y^ buisnes 3^ : 4*^, & if 
Thomas Whitway should refuse to take the other 23 for him- 
selfe, yet he must take it and give it to y poore of that towne, 
and so be accountable for it. 



494 new haven colony recobds. [1649 

At a Generall Court held at Newhauen the 15'^ op 
October, 1649. 

The Gouerner acquainted the court that the comittee they 
appointed to consider aboute rates haue mett twice and con- 
sidered of it, and in debate it was inquired how rates are caried 
one in other places, and to give light in the case, the law for 
carying one publique rates in y'' Massachusets, W^h is now in 
print, was read & considered, (w^li was now also read in 
court,) and the comittee therin also advising w^h the elders 
thought the way just and that it might suit vs and be followed 
here, onely they leave it to y^ courts consideration whether 
houses and housliold goods should be rated, and for tradesmen 
they thinke something should be done that may be equall in 
waye of ratcing them for their trades. 

The court considered and debated sundry things in y^ order, 
and in y<= issue concluded and ordered, that the order of ye 
Massachusets for publique rates should be an order heare in 
this towne, except in case of houses and household goodes, vf^h 
the court orders shall be forborne and not rated for this next 
yeare, but if any man haue a house that he letts for rent, it is 
to be vallewed at a moderate price, and if any servant come 
oute of England at lowe wages, it is left to the comittee to 
consider wheither his master or he shall paye his polle money. 
And seeing that labourers and handycrafe trades & seamen 
are of divers sorts & conditions, some live more comfortably, 
some less, some follow ther trades more & some less, ther time 
being taken vp more aboute husbandry w^h payes another 
way, that therfore a due consideration be had, and every man 
justly rated as neere as the comittee can judge, and that other 
men whoe trade in way of merchandizing bee duely rated ac- 
cording to ther trades and stockes they improve, as neere as 
they can judge. And for makeing the matter the more easie to 
the comittee, the court further ordered, that seing the prise of 
catle are already sett in y Massachusets order and now con- 
firmed by this court, so allso they now set the price of all 
lands belonging to this towne for y^ yeare ensuing, viz^i, 1<^ an 
acer for all vplajid fenced in, the necke also included, and l"^ 



1649] NEW HAVEN COLONY RECORDS. 495 

an ac*" for all meddowes that any man hath a proprietie in. 
And that betwixt, and y^ fourth day at night next, every man, 
both at towne and farmes, shall bring in to y^ men appointed 
for ye quarter wher they live, or to w°h they belong, how 
many catle they have of every sort aboue 1 yeare old, swine & 
other. Allso what catle they haue killed already this yeare, 
and how many ac" of land they haue fenced in in any place 
belonging to this towne, house lott or other, w^h the quarter 
where it lyes, also what meddow & what in y^ necke, vpon y'' 
penaltie of 2^ : Q<i for each default. And to hasten the buisnes, 
(because y^ yeares rate ordered to be pd the first of Nouember 
next is now ordered to be pd by men as they shall be vallewd 
this way,) the court chose a comittee w<^h are hereafter men- 
tioned, whoe are to meete vpon the 6*^ day next at 4 a clocke 
in ye afternoone, to consider & drawe vp y^ severall rates w*^h 
they thinke every man should paye, and then to pi'sent it to 
ye gouerner and magistrats, whoe are to consider of it, and, if 
they finde it just, pass it, but if neede be, vpon any mans just 
complainte, they haue power to releivc him. 

The comittee chosen for this worke of rateing are two men 
out of each quarter, viz'i, Mr. Tuttill, Francis Newman, Mr. 
Gilbert, Mr. Crane, Leivtenant Seely, Henry Lendall, Richard 
Miles, William Davis, Mr. Wakeman, William Fowler, Mr. 
Atwater, Mr. Powell, William Judson, Mr. Ceffinch, Mr. Ling, 
William Andrewes, William Tompson, Samuell Whithead, 
Thomas Munson, Francis Browne. 

John Basset was spared from watching for y^ pi'sent because 
he is lame by a fall that he had, so that he cannot watch him- 
selfe nor worke to inable him to hire, but promiseth if God 
inable him to his laboure he shall hire a man. 
[254] II The Gouerner read to ye court the order made in 
ye Baye aboute baker, w'^li the court approved of and ye bakers 
were desired to consider of it against another court. 

The order made ther concerning customs sett on wines was 
allso read, but respited, 

Mr. Evanc desired that Jeremiah How might haue libbertie 
to brew beare to sell. 



496 NEW HAVEN COLONY EECORDS. [1649 

It was desired by some that y« watches might be lessened, 
but the court voted that they should continew as they are. 



At a Court held at Newhauen the 6*'' of Nouember, 1649. 

Mathias Hitchcocke for refusing to watch when he was sent 
for by the sarjant to supplye another mans place, according to 
order, was fined 5^ 

Thomas Osborn senio'" for absenc at two generall courts as 
himselfe saith, was fined two shillings. 

John Coopr complained of Thomas Osborne for letting 4 
hoggs of his goe abroad in y^ summer for tlie most pt, contrary 
to order. Thom Osborne could not deney it. Tlie court or- 
dered that he paye to John Coopr 12^ a hogg, w<^li is 4^. Fur- 
ther John Coopr complained of him for not carying in to y^ 
man appointed for tlier quarter, the number of j" ac^ of land 
he planted or sowed last yeere, as it was ordered he should. 
The court ordered that he paye to John Coopr the double as 
it was ordered in that case, w<=h is 4^' p ac. 

John Coopr complained of David Atwatter and William 
Wooden that their hoggs went abroad in y^ summer contrary 
to order, and that they haue not bine ringed, according to y<^ 
last order, till now w^hin this two or three dayes. The court 
witnessed against their disorderly walking, and they are to 
paj^e to Jolm Coopr for each swine w^h he found abroade of 
theirs, 12'', and for each swine not ringed & marked according 
to order 12''. 

John Tompson was complained of for suffering his hoggs to 
goe abroad in the summer contrary to order, and that they 
haue not bine ringed according to the last order. John 
Tompson said it was before he had charge of them that Jn'' 
Coopr tooke them, and offered his owne, his wives & Jn" 
Wakefcilds and his wives oathcs to cleere it. The governor 
said if they would all testifie that vpon oath he would paye it, 
so that that pte was refferred as not cleere. But the court 
ordered that what hoggs John Coopr hath taken of Jolui 
Tompsons abroad contrary to order, at other times, or not 



1649] NEW HAVEN COLONY RECORDS. 497 

ringed & marked according to the last order, he should paye 
to John Coopr 12'^ a pece. 

Edward Parker desired that he might ha freed from his in- 
gagment concerning the house & lott, and land w^h was John 
Potteres and is securitie for the chilldrens portions, for he is 
willing to leave it to the court to dispose of otherwise. He 
was wished to call vpon y^ secretary to search for y^ agreement 
concerning that matter, and come to j° gouerncr to prepare it 
for the court. 

Mr. Leete and Mr. Jordan atturneyes for ye townc of Guil- 
ford, declareth against Thomas Standish of Wethersfeild for 
certaine rates due to the towne of Guilford from y« said Thom 
Standish for a lott he possesseth their, w^h rates, beside 
what is due towardes ministers maintaynanc, is aboute 57^ 
Thomas Standish said he had nothing to doe w^h the rates, he 
changed his lott away, and hee that had it vndertooke to paye 
the rates, and he tendered them and they would not be re- 
ceived. 

Mr. Leete replyed that the court hath bine acquainted w^h 
the nature of y exchange in Wrights case of Guilford, and 
haue judged it a nullitie. They were asked if Thom Standish 
was admitted a planter that he might know ther was such an 
order in y*^ towne that lotts should be sold to none but such as 
y^ towne approved of. They answered that he desired not to 
be a planter, but if he had they had nothing against it but he 
might, but for his knowing of y^ order, Mr. Jordan testefied 
that he acquainted him w^h it, and that the towne would not 
accept of Wright to possesse such accomodations as a lott of 
500', for he was not able to paye the rates of a SO^ lott, much 
less would he of one of 500', this Mr. Jordan would haue 
taken oath of, but Thomas Standish deneyed it not, but said 
they required rates yett improved y^ land. Mr. Leete said 
no, but ye case was this, that ther being a pece of meddowe of 
Thom Standishes w^h laye amonge other meddowe, and none 
appearing for Thom Standish to devide, the other made vse of 
some of it, but yett Thom Standish cannot saye w^h pte is his. 

The court hauing heard what both pties haue or would say, 
ordered that Thomas Standish paye to y^ towne of Guilford 
63 



498 NEW HAVEN COLONY RECORDS. [1649 

the rates due to them for yc lott he hath ther, beside y*^ 
charges of this court, & to doe it p''seiitly or give security to 
doc it, that y^ court be not further troubled aboute it. 
[255] II John Budd paseth ouer to Richard Hull 7^ aC' of 
land in y^ necke, and If ac^ at Oyster poynt. 

Richard Hull paseth ouer to John Budd 11| ac'« 4 rod of 
land in y*^ second devission on y^ west sid betwixt the land of 
John Budd & William Jeanes. 

Richard Webb was called & asked if he had attended the 
last courts order and his owne promise in looking vp the catlc 
& issuing the buisnes depending betwixt the gouerner and 
him, he said he had not done it because of some hinderancs, 
])tcly l)y Mr. Evanc being from homo, ptely by the court of 
magistrats, & ptely because of some occasions Goodman Miles 
had, but if y'' court please, he sliall now apply himselfe to it, 
and if it be faire weather, will goe tomorrowe to seeke y^ catle, 
and will indeavour to gett Kester Lupton who knowes them 
best to come & help to distinguish them one from y«= other, 
and will call vpon the arbytrators to issue the buisnes. 

Vpon condition this might be done the court were willing 
to forbeare any sentenc, and agreed to haue the arbytration 
issued the next second day. 

It is ordered that the outside fenc of y^ feild first fenced in 
at Stoney River should be measured and y^ number of ac'^ 
inclosed cast vp, and so every man to beare equally according 
to y^ land he hath fenced in, w^li the court desires John Brock- 
ett may doe, &to be pd by yc owners of y^ land in proportion. 

Isacke Beecher was warned to this court about the defect of 
Samuel Fames his armes, (his servant,) but appeared not. 
He is to be warned to y^ next court to show reason why he 
came not now, for ther is appearanc of contempt in it. 

Thomas Moris was complained of for neglecting his watch. 
Answer was made he was not well. It was reply ed that he 
was aboute his occasions the day before, and went to Connect- 
icote the day following, and it was strange he could not watch. 
James Bishop the master of y° watch said he knew not of it 
till wUiin night, and then he could not gett one to supply his 
place, but some, of y-' other watchmen w^h caried on pt of his 



1649] NEW HAVEN COLONY RECORDS. 499 

worke expect to be paide. It was said that Thorn Moris 
would haue hired thoiighe he had given double paye, but 
could gitt none. 

The court ordered that Thomas Moris paye for this neglect 
2s 0(1^ -^cji is to goe 12'i to y«= men wh supplyed pt of his 
watch and IS^i to y- towne. 

Henry Morrell, for want of a scoverer & some powder, was 
fined 12d. 

Henry Humerston, for want of a sword & a wrest, was 
fined 2^ 6^. 



[A General Court for the Jurisdictioii was held at New Haven on the 7th of Novem- 
ber, 1649, at which sundrj' "capital and other lawes and orders" were made, as we 
learn from the records of the town of Guilford.] 



At a Generall Court for Newhauen y'' 12t'' of 
November 1649, 

The ordercs of the last generall court for ye jurisdiction 
were reade. 

Mr. Thomas Yale and John Beech had libbertie to deppte 
the court. 

The severall notes drawne vp l)y the comittee appointed for 
assesing of rates were read, in w^h notes some things were 
considered ; first whether the shipp Fellowshipp should be 
rated, and y-' court ordered that she should be freed for this 
time ; in wh notes also are sundry men rated for trades & 
merchandizing, but some objected against what was sett downe 
by the comittee, as Mr. Evanc, Mr. Atwatter, Mr. Goodan- 
housen, & some for Mr. Westerhousen & Mr. Allerton. 

The court considered of what they said, and wUi ther con- 
sent that were p'"sent, ordered that Mr. Evanc paye for trade, 
beside what he payes for other estate, for on single rate, after 
ye rate of 550', Mr. Atwatter for 400', Mr. Goodanhousen for 
300', Mr. Westerhousen for 500', Mr. Allerton 20^ for a single 
rate. 

It was voted tliat the land w'hin y fence, on this side y 



600 NEW HAVEN COLONY EECORDS. [1649 

East River paye, till by agreement the fence is laid downe & 
t'lc land be laid common. 

John Bassett proponnded that the court would free him 
from payeing his poll money, because he is lame by a fall & 
cannot worke, the court inclined to doe it for the pi'sent, till 
God shall inablc him to his labour againe. 

The Gouerner propounded to the court that Leivtenant 
Seely might haue some help from y^ towne to buy Robert Bas- 
setts house, for he is now resolved to staye here & to follow 
his trade of shooemakeing, and shall not remove vnless y^ 
towne be satisfyed that God by his providence calls him away. 

It was propounded to know what the sarjants haue done in 
y^ Iniisnes comitted to them concerning Leivtenant Seely, but 
they hauing done little in it, it was propounded by some that 
[256] those of ye towne that ||were p'"sent would speake 
what they would give freely, and sundry did speake, W^h 
amount to a some of 16 or 17^, a note of y^ pticulars wherof 
was given by the secretary to Leivtenant Seely, and the sar- 
jants were desired to speake w'h those that are not pi'scnt, 
to see what they will doc. 

The court was acquainted by the deputies for the jurisdic- 
tion gencrall court, that ther is a certaine quantity of powder 
& lead, match & gunns to be provided, according to the juris- 
diction court order, w^h will amount to neare 50', and some 
course must be taken to provide them, the furthest time lacing 
the 21'i' of June next. It was thought best that they might 
])e sent for to England, and Mr. Evanc offered that if the 
towne would deh* in pease to him, at y^ rate sett by the juris- 
diction, inough in quantity, as neere as they can gess, to pro- 
cure them, and that w^hin three weekes or a month, he will 
vndertake to provide them for the towne by the time appointed, 
and they shall haue the things as they cost in England, the 
towne beareing the adventure too & froo. 

The court considered of y"^ proposition & accepted it, and 
ordered that every man in y^ towne paye two thirds of this 
single rate in pease to Mr. Evanc, 3^ 6'i p Inishcll, and to 
cary them in to Mr. Evanc his warehouse vpon some lecture 
day, the last of. w^h lecture dayes being the 12*1' of Decern- 



1649] NEW HAVEN COLONY RECORDS. 501 

ber next, each man for neglect to paye the double, and seizure 
pi'sently to be made, that the worke be not liindered ; no man 
carying any od measure less then a pecko. 

William Paine propounded to y^ court that he might be 
freed from bringing his armes one y^ Lords day and lecture 
dayes, because he lives farr of and hath three small children, 
and his wife is lame and cannot help to bring ye children. 

The court voted that so long as his wife continewes lame he 
be freed. 

It is ordered that the planters w^li hire Oystershellfeild doe 
laye it into common w'h the quarters next it, and fence in 
proportion v^^h. them, ])y the ac"", and that they from time to 
time maintayne their severall proportions of fence suljstan- 
tially, and so leave it to the towne when ther time is out, and 
vpon that ground the court allowes them to take awaye the 
fence allready made, w^li is propr to that land they hold, and 
free them from payeing the last yeeres rent to y^ towne, and 
that Francis Browne haue that pece of meddowe beyonde the 
ferry house, to make and maintayne a good sufficient fenc 
from ye corner of widdow Knowles his fenc, downe into ye 
flatts, so farr as catle may not goe aboute to doe damage. 

Jeremiah How desired & were licenced to drawe stronge 
watter, vpon ye termes of ye jurisdictions order in that case, 
and was wished to be carfull to keepe good order. 

Mr, Ling & Jervic Boykin were chosen collectors for the 
colledg corne for 1 yeere. 

The Gouerner informed ye court that Sarjant Munson doth 
expect the towne should allowe him something, because they 
kept him from goeing to Connecticote to worke, w^h was a 
hinderanc to him. The court considered it, and in regard he 
attended his owne occasions at home, and what he did for ye 
towne was pd for it, they voted to allow him nothing. 



502 new haven colony recokds. [1649 

At a Geni^all Court for Newhaven the 29^'' op November 

1649. 

The Gouerner acquainted the court that he heares rates arc 
not pd according to order and expectation, nor the pease car- 
ied in to Mr. Evanc as it was thought they would ; also he 
heares that ther is some vnsatisfiednes in some men because 
that houses are not rated, and therfore the polle money will 
come the oftcner, therfore the court might consider what to 
doe. After much debate, the court ordered that all houses 
belonging to this towne shall be rated after yc rate of 10 yeeres 
purchase, being vallewed at a moderate rent by the comittee. 

The court was informed that sundry of the comittee for 
rates haue neglected to meete when they haue had due warn- 
ing, for w'^li the court blamed y"i, and now ordered that when 
a comittee is appointed for publique buisnes, and shall haiie 
due warning, that is, 24 bowers, or y^ evening before the 
comittee is to meete, and shall not come, but be absent, shall 
paye to the towne S^ for each default & IS*^ for late coming, 
that is if they staye aboue halfe an hower after the time ap- 
pointed, and yc major pt being mctt are to conclude the l)uis- 
nes in hand. 

[257] II Nathaniel Meriman and William Russell are chosen 
for this comittee for rates, in y^ roome of Thomas ]\Iunson & 
Francis Browne, because the one is not at home, and the 
other cannot attend it because of the ferry. 

It was propounded whether that Mr. Hitchcockes & Mr. 
Hawkins lotts should not paye as absent lotts, that is, as they 
did before. It was considered and voted that for this yeerc 
they paye after the new way of rateing, tliat the owners may 
1)0 informed, and then the court will consider it againe. 

It is also ordered that John Brocket, Thomas Barnes, & 
those that haue M^'s Eldreds lott at farme, and those that had 
land granted them at towne and farmes out of y^ absent lotls, 
should paye as others doe after this new way of rateing. 

George Smith propounded for a small pcce of meddowe, 2 
or 3 aCS w"'h lyes where ^Ir. Lambcrtons meddowe lyes, and 
is aboue his proportion. The court granted that if after 



1649] NEW HAVEN COLONY RECORDS. 503 

Mr. Lambertous is laide forth tlicr be so much left wh be- 
longs to no other, he should hauo it. 

William Andrewcs propounded that himselfe & John Coo})er 
w^h some others w^h formerly propounded for tlie necke of 
land and meddowe adjoyniu'g to it next the sea, w^h is on yc 
east side at y« harbours mouth, might be granted to them. He 
was asked vpon what termes they desire it. He said that they 
might haue the necke pecular to themselues, & the meddowe, 
and they would paye as others did for it. He was told that if 
they had it as tlier propr right, that none may common \f^h 
them, then they must paye for the whole necke as inclosed 
land, but that they were not willing to doe. Further they were 
told that the towne expected that it should be improved for yc 
getting of corne, that y^ towne may haue a benefit l)y it that 
way, he said they did intend it, but cannot doe it suddenly. 
After much debate spent, the ftirmers already at Stoney River 
plead ing wliat needethey had of it, it was refferred to further 
consideration, that William Andrewes might speake w^h y^ 
rest aboute it. 

It is ordered that the 16 muskits to be provided for the 
towne, are to be procured heare Ijy turning match-lockes into 
lire-lockes, w'^h the gunnsmithes offer to doe vpon reasonable 
termes, and now this being taken of and houses added, the 
towne is to paye into Mr. Evanc in pease, but one third pte of 
a single rate, w*=li is to l)e done vpon y^ same termes as was 
before ordered. 

Henry Morrell desired that he might be freed from trayning 
w'h a muskit, because of some defect in his arme, the court 
left it to Leivtenant Seely, ])ut injoyned him to keepe his 
armes. 

Robert Johnson desired that he might haue lil)bertie to 
make a well in j^ streete, neere his house. The court fearing 
some danger might come by it, propounded that he and his 
neighl)ours joyning w^i him would put a pumpe in it, wher- 
vpon he tooke time to speal<:e w'h them & consider of it. 

It is ordered that every souldiour in y^ towne shall provide 
himselfe of a goode home w^h will hold l^ of powder and fit- 
ted to weare for service, and a bagg for bullitts, and everv 



504 NEW HAVEN COLONY RECOKDS. [1649 

soiildiour comeing to show armcs w^iout such a home &, bagg 
fitted, shall paye as m case of othc defect of armes, this to be 
done by the next showing day, and so to continew furnished 
from time to time. 

It is ordered that swine, after a weekcs time, be kept vp as 
before ordered, vnder y^ same penalty. 

Thomas Lampson being called to answer to something y 
court had to say to him, was not p^sent, whervpon y^ m'shall 
was ordered to call for his fine. 

John Coopr ppounded for a small pcce of meddow in y^ 
mill river meddow, but nothing was don. 



In the monthes of December and January ther was no 
courts, because no buisnes was p'sented, though the court 
attended ther some time. 



F. N. 1649. 
FINIS. 



ERRATA. 

Page 20, line 16, ybr church esof, read churches oi'. 
Page 140, Hue 20, /or Sam: Farres, rtad Sara: Fanie?. 
Page 168, liue \b,for page 194, reac^ page [11*4.] 
Page 360, line 'i1,for Robret, read Robert. 



64 



Itnte af Cnaiintirnt, bb. 

Secretary's Office. 

3 l)erebn certifn, that I have caused the printed matter 
contained in the foregoing pages of this volume to be carefully 
compared with the original Record, and that the same is a 
true, full and literal copy thereof. 

In tcstimonn loljefeof, I have hereunto set 
L. S. my hand and the seal of the State, at Hart- 

ford, this 9th day of April, A. D. 1857. 
N. D. SPERRY, 

Secretary of State. 



APPENDIX. 

The following letters, with one exception, are from a volume in the office of the 
Secretary of the State of New York, endorsed, " New York Colonial MSS. (New 
Netherland,) vol. XI. The letter marked I, is from the files of the Commonwealth of 
Massachusetts, at Boston. 

A. 

Governor Eaton to Governor Stuyvesant. 
The first letter of Mr. Eaton, being supscribed, 

To tlie Right Wors^i his much honoured friend Tho : Steuen- 
son Esq"", Generall of the forces for the West Indie Com- 
pany, & Gouernour of tlie Dutch Collonye att Manhatans. 

Right Wori' & much honoured S"" 

Yours of the 20*^ of June new stile, I haue receiued, & 
congratulate yo"" saufe arriuall att the Manhatans, with your 
accesse vnto, & settlement in that weighty trust of gouerm^. 
I readilie close with your equall proposition of a neighbourlie 
correspondencie, that justice may haue a full & free passage 
in all occasions betwixt vs ; & particularlie, that if any either 
breake prison or file from one of these iurisdictions to the 
other, wheather to defraude creditours, or to escape deserued 
punnishment, hee or they, vppon due notice & demand, may 
be apprehended, deteined, & retourned, w<^'i due allowance of 
charges, as the cause may require, & accordingiie haue by 
our Marshall haue made serious enquirie after Michaell Piket, 
the malefactour yow mention but cannot yett heare of him. If 
in such causes hereafter yow please to describe the psoii, by his 
natio: his age, stature, apparell, or by any other obseruable 
markes, the discouerie may be more easie and certaine, such 
guiltie fugitiues (fearing a pursuit) being apt through a guile- 
full subtiltie to change & denye theyre names, & the place 
from whence they came, but if any suspected stranger come 
heather, I shall indeauour by examination to plucke of the 
disguise, & if it may bee to retourne yo"" prisoner. With my 
due respects to your selfe & Mouns"" Kieft I rest. 

Yours in all seruice of loue, 

Theophilus Eaton. 

Newhauen, June the 19th, 1647, St: Angl: 



508 APPENDIX. 

B. 

Governor Eaton to Governor Stuyvesant. 

2 letter. To the Right Wor" Peter Styvesant Esq: Gouern'" of 
tlie Dutch plantation att Manhatans. 

By yc agent Mr. Gouert I rec^ two paps from yow, the one 
sealed, the other open, but neither of them written either in 
Lattin, as yo"" predecessour vscd, or in English as your selfe 
haue formerlie done, both to me, & to the other Collonys, but 
in Low Dutch, whereof I vnderstand little, nor would yo"" mes- 
senger though desired interpret any thing in them, soe that in 
pte att least they must lye by mee, till I meete with an inter- 
preter. 

In the meane tyme, as formerlie wee were sensible of sundrie 
wrongs, & protested against yo^ predecess"" Mouns"" Will: Kieft, 
soe I hereby witnes against your vnneighbourlie & iniurious 
course, in seuerall writings which I haue scene. Without 
grounid] you pretend title to the land in these ptes, one while 
from Deleware, to Connecticut Riuer, & another while you ex- 
tend yo'" limits further, euen to Cape Cod, from whence 
drawing any line landward North or West, yow wholy take in, 
or trench farre in to the limits of all the Vnited Englisli Col- 
lonies, who by lycence & auntient pattent from King James, 
of famous memorie, since confirmed l)y his Maiestie that now 
is, first came into these ptcs, & vppon due purchase from the 
Indians, who Avere the true proprietours of the land (for we 
fownd it not a vacuum) haue built, planted, & for many 
yeares quietlie, & without any claime or disturbance, from 
the Dutch or others, posessed the same. 

And now latelie in a "ship belonging to Newhauen, as bought 
by Mr. Goodyearc, yow haue sent armed men, & (without 
lycence, not soemuch as first acquainting any of the magis- 
trates of this Jurisdiction with the cause or grownds thereof) 
ceised a shipp within our harbour, and though Will: Wester- 
howse, the Dutch merchant, & without our knowledge, before 
treated with yow, & then offered the recognition, which in a 
former writing to him, yow seemed to accept, yett your agent 
refvised it, & protested hee would carrie away the ship. 
Whcreuppon I did first protest against him, & the Generall 
Court considering how highlie they were considered in the 
premises, though they would not meddle in a controuersie 
which belongs not to them, much lesse defend any knowne 



APPENDIX. 509 

vnrighteousnes, & though they desire to keepe peace (as farre 
as may bee) with all men & particularlie with theyre neigh- 
bours of the Dutch plantatio, yet they fownd it necessarie, <fe 
resolued by all iust meanes, to asist & vindicate theyre right, 
in Newhauens lands & harbour, &, theyre iurisdiction of 
both, that themselues & posteritie be not, (through theyre neg- 
lect,) inthralled & brought vnder a forreigne gouerment, by a 
ceisure made in theyre harbour vppon such an vnjust claime, 
the court conceuing it free for them, according to the laws of 
God & nations, to entertaine trade brought vnto them, 
wheather by land or sea, without enquiring into the priui- 
lidges of forraigne companiesj or examining wheather recog- 
nitio be due, or paid in another countrie, nor is propable that 
your selfe, if an English ship or vessell bring necessarie proui- 
sions to the Manhatans, will be sollicitous wheather custom be 
p"^ in England. 

Wherefore, wee haue protested, and by these presents doe 
protest, against yow Peter Styvesant, Gouern'" of the Dutch att 
Manhataes &c : for disturbing the peace betwixt the Engl : & 
Dutch in_these ptes, which hath bynne soe long &, so hapilie 
maintained betwixt the two nations in Europe, for obstruct- 
ing & hindering those passages of justice & neigiibourlie cor- 
respondencie, which yo»" selfe haue propownded & desired be- 
twixt the Engl: Collonies & y^ Dutch plantations, by making 
vniust claimes to our lands & plantations, to our hauens & 
riuers, and by taking a ship oute of our harbour, without our 
licence, by yo"" agents & comission, & wee hereby professe that 
what further inconuenience may hereafter growe, yow are the 
cause and author of it, as we hope to cleere, & proue before 
our superiours in Europe. 

Dated in Newhauen in New England this 8^'' day of Octob'", 
1647. stil: vet: Theophilus Eaton. 



e. 

Governor Eaton to Governor Stuyvesant. 

Mr. Eatons 3«^ letter, in answere of those in Dutch &, one in 
English sent with the predecent. 

Sr 

Since the two former papers mentioned in the inclosed, I 
haue by yo"^ fiskall rec^ yo"" letter dated Octob-- the 16t'i new 
stile, though I doe not fullie & particularlie vnderstand the 



510 APPENDIX. 

contents of the former, yet the sownd &, sense of them are 
offensine. In the former pte of yo"" letter I could close, & as a 
reall friend of righteousnes & peace, (vppon your ingagem' of 
doeing like offices of loue and justice as opportunitie serueth 
to all the English Collonies) could willinglie giue an example 
of neighbourlye correspondence and respect in returning your 
fugitiues, but protests <fe threatnings are ill arguments to 
drawe on performances which are free & of courtesie ; when 
therefore yow interpret your meaning, that it may passe and 
be receiued as a neighbourlie office of loue, without expecta- 
tion or implication of any authoritie on your pte or subordi- 
nate in ours, I shall readilie deliuer the prisoners, to any yow 
shall appoint to receiue and discharge them, in the meane 
tyme yow were misinformed when yow heard they walked free 
in our plantacio, yo"" agent was present when I first sawe & 
committed them. 

Concerning the latter parte of yo'' letter, I know that 
princes and states in amitie haue somtymes by power ceised 
ships in each others harbours, the English (yow say) ceised 
some of the French in yoi" ptes, and the Hollanders haue prob- 
ablie seised some of the Spaniards in the English harbours, but 
this reacheth not the question, an iniurie against the which, 1 
did & still doe protest, that without any iust grownde, yow 
should first pretend title to the lands, streames, riuers, etc: 
truly belonging to the English Collonys, & by them many 
yeares quietlie, <fe without any question, claime, or intimation 
of title from others, lawfullie posessed & planted, & then giue 
comission vnder that respect & consideration, to seise a ship in 
one of theyre harbours, without lyccnce, this, thus done 
would haue giuen offence in any pte of Europe, or of the world, 
and were this iustlie cleered, I hope all other questions betwixt 
vs might issue to mutuall satisfaction, in expectatio whereof I 
rest as formerlie. Yc lo : friend 

Theoph : Eaton. 

Newhauen in New Engl: this 15^^ of Octob"", 
1647, St: vet: 



APPENDIX. 511 

D. 

Deputy Governor Goodyear to Governor Stuyvesant. 

This followeing was sent by Mr. Goodyeare, Deputy Gouern'" 
of Newhaueii, & directed to the Right Worft P. Styvesant 
Esq:, Gouern'" for the West Indie Company. 

these present att Manhatans. 

Yo^s of the 16t'> present is come to hand, wherein yow 
take notice of fauour to yow in taking the thre fugitiues, & 
promise as opportunitie shall present, to doe the like for vs, 
but I suppose yow would better consider it, then to send vs 
any pson of ours (with yow) wee claiming him or them, as 
from our owne Jurisdiction, but I haue wliat may bee spoken 
in that poynt to further information from our Gouern'". 

I further pceiue yow are informed of our discontent in tak- 
ing awaye the ship oute of our harbour, yo'" Capt*^ knowes 
wee carried it with loue & respect to him, & without any ap- 
pearance of discontent, when hee shewed yo"" comission ; and 
S"", if Avee had bynne greived or offended, we had a full oppor- 
tunitie to haue righted ourselues, yea, if we would haue giuen 
libertie, & ourselues not haue acted, yow had failed of your 
purpose. 

But that which moved vs, (and doth offend vs att this pres- 
ent,) is that yow, in a letter to Mr. William the merchant, 
write that he was in your liarbour, the whole towne taking- 
notice of that claime did forthwith resolue to stay the ship, 
and accordinglie attempted it, but to late, for allthough neigh- 
bourlie correspondencye is desired and will euer be indeauored, 
yett the English in these partes will not easilie be brought 
vnder any forraigne nation, nor loose theyre lawfuU rights, 
and priuilidges not only purchased of the true proprietours, 
the Indians, but allsoe by pattent from the King of England 
many yeares since, yea, allsoe our Gouern'", Mr. Eaton, is all- 
soe a pattentee of that graunte to the Bay of Boston ; & it is 
well knowne to most that o"" friendship with the state of Eng- 
land, & theyre fauour to vs, is as free & as full any in New 
England, & we came with theyre full consent & approbatio, & 
more then ordinary incouragement ; wee purpose, neither 
haue we any thing in our hearts but loue & neighbourlie cor- 
respondencie with yow ; & in nothing are, nor I hope shall bee 
iniurious to yow, or any of yours, but if we shall be requited 
with the contrary, I doubt not but through Gods asistance, yow 



512 APPENDIX, 

"will finde vs able to maintaine C iust rights, and not in the 
least to fearo the sword or threats of any adversarie, but if 
yow still desire any neighbourlie correspondence, (as you 
desired it when I was with yow,) yow shall finde us ready to 
our vtmost. I am in haste, your seruant calling for my letf; 
only one word to desire yow to send me 50 or 100 skipples of 
salte, and to fetch your beefe and porke ; I doubt I must pres- 
entlie kill the beefe, for it will fall dayly. I cannot yett gett 
or procure men to thresh corne, but I shall further it soe farre 
as I may ; your fiskall hath only receiued 25 gild«"^ I prof- 
erred him what euer hee desired, but it was what hee would 
accept for his present occasion, soe in greate haste, desiring yow 
to excuse my scribling, 1 rest. 

Yours in what I may, 

Stephen Goodyeare. 
Not dated, but it came with the fiskall 
with the other two of Mr. Eaton. 



E: 

Governor Stuyvesant to Governor Eaton. 

The answere to Mr. Batons letter, being directed to the Right 
Worsh^i Theoph : Eaton, Gouernour of Newhauen. 

Yours of the 15*'' of Octob'" st : vet : I receiuied ; the ob- 
stacle is yo^ misenterpreting of some passages in myne to yow, 
for the cleering of which & remouall of all doubtes & ieal- 
ousies, I hereby declare, I doe not in any measure desire either 
to usurpe vppon your right, or assume vnto my selfe any 
power or gouerm* oner the English there ; but as I haue for- 
mcriie writt to yourselfc, and others, I am, (and hope shall 
soe continue,) as studious for tlie preservation and encreasing 
of loue and amitie betwixt your nation and ours in these 
ptes as any, of the which I suppose you cannot be ignorant, 
in my propositions to my worthy friend, Gouernour Winthrop, 
the which I shall on my parte ))e ready to make good and giue 
pregnant tcstimonie to the world of my readines & willingnes 
of a faire and neighbourlie composure of any difference be- 
tweene vs, (God blessing) our ioynt meeting with the comis- 
sion'^s "vvhen the tyme shall be appointed. 

For what have I either written or done, that may seeme 
ofifensive to your self, or any other impartiall wise man, I as 



APPENDIX. 513 

yett am ignorant, for I suppose they cannot but knowe, that 
(as I am deputied by authoritie from my souereigne Lords 
and masters, the High & Mighty, the Estates Generall of the 
Vnited Belgicke Provinces, soe to them must I giue accompte, 
and by them be adiudged in whatsoeuer shall appeare amisse 
in any action or passage of myne ; and should I, in the least 
measure, transgresse in the observation of theyre commands, 
yow well know my lyfe, estate and reputation lyes att stake and 
must answere, and therefore for whatsoeuer I haue done con- 
cerning my countriemen in my supprising theyre ship there, 
they may haue recourse to the Justice of theyre natiue land, 
and I shall not only deliuer them theyre comission, but the 
coppie allsoe of all our proceedings heere against them, and for 
my threatning of any belonging to your Jurisdiction, I sup- 
pose yow are either misenformed or mistaken ; therefore I 
shall entreate your deliuerie of the fugituies to this bearer, 
our commissaries, your charitable opinion both of my actions 
and intentions, your compliance, & correspondent neighbour- 
lie respect from one to the other, a leaning of all altercation 
on either side, but a ioynt indeavour in vs both for the full 
effecting of all mutuall offices of loue, and composing all dif- 
ferences, att our ioynt meeting in the spring with our worthy 
friends, the Gouernours of Boston & Plimouth, I shall rest 
Yo''s in any office of Christian loue 

P. Styvesant. 
Fort New Amsterdam in New Netherlands, 
Nouembr 13th, 1647. st : no : 



F. 

Governor Stuyvesant to Deputy Governor Goodyeare. 

The answere to Mr. Goodyears letter. 

Yours I receiued wherein yow are pleased to write concern- 
ing my supprising the vessel! there, and of your townsmens 
discontent att some passages in my letter to Will : Wester- 
howsc ; what he hath diuulged I know not, yett sure I am, I 
was desirous to carrie it as inoffensiuelie to my neighbours 
there as I could, howeuer they may apprehend, yett you and 
yours shall reallie finde mee as cordiallie willing, att all tymes 
and all occasions, to indeauour a continuance of all friendlie 
and neighbourlie amitie betwene vs, allthough haplie many 
Q5 



514 APPENDIX. 

vaine rumours may arise whereby iealousies & discontents 
may be fomented. 

I haue sent according to your desires for the receiuing the 
prouisions. For whatsoeuer yow shall please to deliuer to our 
comissarie, his note shall be a sufficient discharge. S"", I thanke 
yow for your supplieing our fiscall and for your further tender 
to him, and your respects to my selfe, the which I shall in- 
deauour to requite, and remaine. 

Your assured louing friend 

P. Styvesant. 
Fort New Amsterdam, in New Netherlands, 

Nouembr the IS^h, 16i7. St : Nouo: 



G. 

Governor Eaton to Governor Stuyvesant. 

Mr. Batons 4ti' letter. 
Sr: 

By yo^" comissarie I haue latelie receiued yo'"^ dated No- 
uemb"" the 15^'', new stile, but finde not that satisfaction 
therein which I expected. My former, Octob"" the 8'^, 
(though it came to your hands in that of the 15' h, delivered 
by yo'' fiscall,) yow mentiouynot, & your expressions in this, 
(considered with the questions betwixt vs,) are att best darke 
and need explanatio : how you can saye you desire not, in any 
measure, to vsurp vppon our right, when yow lay claime to the 
land, riuers, streames, &c. W^h iustlie belongs to the English 
coUonies, I vnderstand not. It is well knowne, both in Europe 
& heere, that by auntient pattent, the Kings of Engl : haue 
graunted (all that pte of America called New England, lyeing 
& being in breadth from 40 to 48 degr. of northerlie latitude) 
vnto his subjects for they re incouragem*^ to settle & plant 
abroad ; and accordingiie, vppon due purchase from the na- 
tiues, the true pprietours of the land, (for we found it not a 
vacuu,) we haue built, fenced & setled our sclues heere, nor 
hearing socmuch as of any the least pretence the Dutch did 
or could make to any of this land, in many yeares after ; it 
is true that aboute fine yeares since, yo"" predecess'', Mouns"" 
Will : Kieft, grew iniurious to vs, both att Deleware and else 
where, wee then witnessed & protested against his course, & 
required satisfaction, which we still expect, & in due tyrae 
shall offer the particulars to consideration. 



APPENDIX. 515 

From your selfe, according to the teimour of yo"" first 
lett's, wee hoped for a more neighbourlie correspondence, 
but yow haue not only trod in his steps, but in a short tyme since 
your entrance, liaue aUready, in some respects, gone beyond 
him, as may appeare in tliis briefe account of particulars. 

In yo''^ of the 25*^ of June, to the Gouern>" of the Massa- 
chusets collony, w'^h yow now mention, yow pretend an indu- 
biate rigUt to all the land betwixt Conneticut & Deleware ; in 
yo"" protest dated Octobr the 12'^'', yow grow in your demands, 
extending yo"" limmits from Cape Codd, within Plimouth col- 
lonye, to Cape Hinlopen towards the sowth, (a place or name 
to me yett vnknowne ;) yow charge Newhauen in particular, 
as vsurping your grownds, land, riuers, streames, & are 
offended for they re trading first with Simson Johnson, since 
with Will : Westerhowse and other Dutch men ; yow ceise a 
ship in our harbour without licence, pretending title to the 
place, & complaine of a purpose & iust resolutio in vs to vin- 
dicate our owne right in a lawfull waye ; yow require vs to 
send the Dutch merchts & theyre goods, with a recognitio, 
&c., to the Manhataes, and if wee attend not your directions, 
yow threaten hostilitie to Newhauen, pretending to keepe 
peace with the other collonies, & in yo"" letter which came & 
beareth date with the forementioned ptest, you vniustlie charge 
vs concerning jo^ fugitiues, & in a comanding, threatning stile, 
require them from vs, & att or aboute the same tyme, in a 
letter to Will : Westerhowse, (as I am informed,) you threaten 
to fetch his goods oute of Newhauen by force ; you haue 
imposed or taken an excessiue high custom, excise or recogni- 
tio for all goods sould within your jurisdiction, with ceisures 
for omissions or misentries ; our vessells must anchor vnder 
your erected hand, a place very inconvenient, and as if you 
ment to shut vp the passage by the Manhataes, or by vnsuffer- 
able burthens to weariethe English oute of trade, youbeginne to 
take recognition, &c. vppon goods traded elsewhere, & in theyre 
retourne passing only by the Manhataes ; I heare allsoe you 
threaten to burne or beate downe our trading howse, built 
vppon our owne purchased land, within our owne limits, and 
farre from any trading howse of yours or any pte of Hudsons 
riuer, and which is yett worse, it is reported to vs by seuerall 
psons & from seuerall jjlaces, that your secretarie hath indeau- 
oured by a slanderous report to incense the Long Isl : Indians, 
and your selfe, att Aurania fort, haue attempted to trye other 
companies of Indians against the English. If this agree with 
rules of Christianitie or good neighbourhood, I doubt not but 
we may retaliate and when wee see cause turne the edge and 



516 APPENDIX. 

point of those weapons vppon your seines. I enquire not after 
your grownds in sending Captaine Forrester to Holland, the 
English collonys may haue occasion to write after the same 
coppie hereafter. 

In the meane tymc, the scope and tendencye of the pre- 
mises doth directlie crosse & contradict your profession of 
peac and amitie, & will in each particular afford matter of 
serious consideration to the English collonies, an^ vnlesse 
things be cleercd speedilie to satisfaction, yow will constreine 
vs either to require and receiue recognition in proportion to 
what wee paye, or to prohibit all comerce betwixt the English 
and Dutch jurisdictions in these partes ; for our selues we 
accompt and with good warrant call our title to the land, riu- 
crs and streames wee posesse, an indubiate right. Wee know 
wee have as full libertie to trade with Dutch merchants within 
our harbours & to admit Dutch inhabitants into our planta- 
cions as yow the English, in either case ; yett wee readilie 
close with your propositions to considder, examine and issue 
all differences, and though it be not vsuall for one ptye to 
choose both arbitratours, I shall for this once consent to the 
choice your selfe haue made. The Gouernours of the Massa- 
chusets and Plimmouth collonies are men approued for wisdom 
and integritie, nor shall I differ from yow in those circum- 
stances of tyme and place, supposing yow will haue due res- 
pect to conueniencye, only by way of preparatio it would be 
considered and agreed what shall be put to referrence, 
wheather the title of land, riuers, streames, &c., or any pte of 
the forementioned tract from 40 to 48, including the Manha- 
taes and Newhauen, or only other questions and iniuries which 
haue bynne formerlie or more latelie greiuous and are not yett 
satisfied. If yow please herein to expresse your meaning ful- 
lye & cleerlie you shall finde mee reall and readye to meet 
you in any peaceable & iust waye. In expectation of your 
speedy answere that occasions may he ordered accordinglie, I 
rest, 

Yo"" louing friend, 

Theoph: Eaton. 
Newhauen in New Engl : 
Nouemb-^ IGt's 1649. st : vete : 



APPENDIX. 517 

H. 

Deputy Governor Goodyear to Governor Stuyvesant. 

Much Honoured S'", 

Yc beefe according to couenant is deliuered. Mr. Keisar 
yc Commissarie, his late comeing being very pr[ ] 

(cattle being fallen in tlieire flesh) & yett nothing to yo'" ad- 
uantage,! was necessitated to furnish a greate pte out [of what] 
I had puided for the Barbadaes, but my indeauours are, & 
shall be to my vtmost to pforme my couenants in all thi[ngs. 
I] desire wee may attend peace & neighbourlie loue, & corres- 
pondencie one with another; and if in any thing wee may 
pleasu [ ] I shall be ready to my vtmost to shew it in any 
friendlie & neighbourlie waye to doe it. I reioyce to heare of 
the late blessing in the little one giuen you, & of yo^ wifes 
strength, soe comitting yow, & your weighty affaires to Gods 
goodnes, I rest. 

Yours in any office of loue to my power, 

Stephen Goody eare. 

Newhauen, Nouemb'' the 22^'', 1647. 



Governor Eaton to Governor Winthrop, of Massachusetts. 

Yours of the 9*" came to my hand the 24*^ of Nov: w*'' one 
inclosed to the Duch Govern''. I am much ingaged to you, 
for your labour of love, and should gladly improve any oppor- 
tunity, in a way of thankfull returno. 

In all afflicting providences I desire to looke higher then the 
instrument, I can also readily confess w^h you, that our holy & 
righteous father hath just cause of controversy e w^h all the 
colonyes & churches in these pts, for abating, if not declining, 
from their first love, zeale, workes, &c. And could heartily 
wish that besides prayers, &c. the magistrates and elders 
would joyne heads & hearts, fill up their places & improve 
their interests (as Esay & Hezekiah, whom you mention to 
another purpose, Ezra and Nehemiah,) for a thorough reform- 



518 APPENDIX. 

ation, that our wise & gracious God might finde & see many 
making up the hedg and standing in the gapp, <fec. 

Concerning the Duch, and our exercises & intercourses with 
them, I must be a litle more large, but would premise that the 
high esteeme & respect, I have & doe justly beare you., makes 
me consider and seriously question my owne way when ever 
(though but in circumstantialls) I dissent & differ. It suites 
my judgment certainly and I hope my practise also, that (put- 
ting in what weight I can into argument,) I steere a midle 
course, betwixt provoking an adversary by unnecessary invec- 
tives, or uncomely language, and giving undue titles, whereof 
he may make ill use, and I may after repent. 

What hath passed betwixt Mons"" Kieft, and us of Newhaven, 
you have formerly heard at large, and what passed betwixt the 
comission^s for the colonyes and him, in refference both to 
Connecticutt & Newhaven, will appeare by those records. In 
all w^h I doe not yet know that we gaue any just cause of 
offence, but that euer any advice of yours was rejected, as pro- 
ceeding from weakenes, or that euer you did ad\ase to more 
mildenes & moderation then we used, I cannot yet call to 
mind. 

For the present govern'', I know the place he holds under 
the West India company putts an honour upon him w^'i upon 
all occasions I would shew due respect, and concerning his 
psonall abilities and indowments, I would suppose his princi- 
palis may know that, to w^h I am yet a stranger and I doubt 
shalbe, but either his actions speake more of his justice & pru- 
dence, or those that come from thence, less of his passions & 
exactions, but what euer the man be, I suppose I may safely 
say some stepps in his way have bin to us causelesly injurious. 
What passed formerly, you fully understood by my letter, Oc- 
tob"" 20"', and the copies inclosed, since w^h it is brought to us 
from seuerall places, that he and his agents haue bin working 
with the Indians to incense & hire them against the English. 
It is true we haue but Indian testimony for this, nor are we 
like to haue more in such a buisnes, but it comes with the 
greater euidence because one of the Sagamo^^^ reporteth, that 
as a motiue he told the Mohawkes, the English would fight 
with him for selling them peeces, powder and shott, w<='' 
(though streyned) may refferr to the comissionrs letter to him 
from Boston, yet in a letter sent by the comissary, dated Nov. 
15 'h new stile, he pretends to be studious of preserving love & 
amity, suposeth I am mistaken or misinformed, when I speake 
of his threatning any in our jurisdiction, he desires a charita- 
ble opinion of his actions & intentions, and that all differences 



APPENDIX. 619 

may be composed at our meeting in the spring w^^ your self 
and the governour of Plimouth, which compared w^^ his fore- 
mentioned letter & protest dated Octob"" 12th, with his actions 
and report of other proceedings, w^^ best shew his intentions, 
seeme (that I say no more) very stronge, I desired the comis- 
sary, before Mr. Atherton, to read and reconcile them; he 
read but could put no other interpretation upon them then I 
had done, hereupon I returned answer, as by the inclosed 
copie may appeare. 

Since w^^ i am informed from Captayne Mason, that David 
Provost (late agent for the Duch at their house by Hartford) 
tells the Indians at Saybrooke, that the Duch will shortly fight 
w"i the English, and that they have ingaged all Indians to 
them except the Moheages. These reports can hardly be 
imagined to grow without roote or cause, but how ever, they 
are inconvenient and chargable to us. Connecticut hereupon 
will hasten the finishing of their fort, and Newhaven at their 
great charge have made some slight workes or platformes to 
plant a few gunns, to secure the towne as they may from 
smaller vessells. 

So that when I consider how things stand betwixt the Colo- 
nyes & the Duch in these pts, what heavy burdens they lay 
upon trade, even to discouragment, what claimes to our land, 
&c., what attempts & threatnings of hostility they make, I see 
no better way to preserve our owne liberty & peace, and to 
suppress such injurious, insolent courses of unneighbourly 
neighbours, then that all the colonyes prohibitt all trade with 
them till trade & peace (by some meeting) may be freed and 
better settled. 

For the Duch fugitives, upon occasion of some delinquents 
lately fledd from these pts, I wrote to the Govern'' by Mr. Ath- 
erton, Nov. 19'h, before yours came to hand, that upon any 
reasonable satisfaction in the questions betwixt us, they shalbe 
delivered to any he shall appointe to receive them, and that 
none of theirs of suspicious quality shall hereafter (w^h our 
knowledg & consent) pass through these pts, unless they bring 
something under his hand for their warrant; to conclude, 
though I have sealed your letter to the Duch Govern'" w^^ a 
purpose to send it forward by the next opportunity, yet upon 
further consideration I thought fitt first to advise w^^ you 
whether (in refference to the premises) some thing may not 
be altered, & some thing added according to later occurrents 
and as may best prepare for the meeting propounded, if your 
self and the comission''s see cause & please to write another 
letter (wherein I suppose you would not vary any thing from 



520 APPENDIX. 

the sense & ayme of your Generall Court,) I shall send that 
or this according to direction. 

W"' my due respects to your self, Mr. Cotton, & other 
friends, I rest 

Yrs many wayes ingaged to all 

service of love, 
Nov. 26, 1647. T. E. 

[Endorsed in the hand-writing of Mr. Joseph Hills, 
"N° 26, 1647, Mr. 
Eaton touching 
the Dutch."] 



K. 

Governor Stuyvesant to Deputy Governor Goodyear. 

This vnderwritten was in answere of Mr. Batons, being direct- 
ed to the Deputy Gouern'" Mr. Goodyeare, the E : H :* think- 
ing it inconuenient to answere Mr. Eaton in respect of his 
vniust charges. 
Worthy 8% ^ 

By 0"^ Comissaries Keisar I rec'^ one letter from yoi" selfe, & 
another from yo'" Gouern •", & latelie one from both by Mr, 
Allerton ; you complaine of our commissarie's breach of prom- 
ise concerning some salte, his pretences are, the wind proue- 
ing faire hee would not loose the opportunitie, that he was 
longer deteined there, for the receiuing of what was p'' him, 
then hee expected ; soe small a quantitie will not be worth the 
sending a vessell purposelie theather, therefore for the future 
I shall accept the paym' of w' is due from Mr. Allerton : In 
myne to yo"" Gouern"" I had thought I had giuen him sufficient 
satisfactio: & expected the like from him, but contrarie to my 
expectatio : & opinnio : of his wisdom, his letter was full of 
complaints and pretended iniuries. 

And whereas he writes my lett'' was at best darke, <fe neede 
explanatio : thus farre I will expound myselfe : that claimes to 
pretended rights are noe iniuries & giues me noe lawfull 
pprietie to what I claime, vnlesse lawfullie adiudged, (in 
which neither hee nor I can be competent judges) and I sup- 
pose yow and he well knowes, that many protests and passages 
in this nature are only pro forma, and therefore for whatsoeuer 
I haue done in that kinde, I haue not as I conceiue, wronged 
him, or tlie right of his countriemen there, vnlesse I had 



* An abbreviation for " Edele Heer," two Dutch words signifying " Honorable 
Gentleman." 



APPENDIX. 521 

sought to make good my claime by force of armes, the which 
I haue not as yett soe much as thought of: although he semes 
to adiudge the cause on his owne side, by vertue of the 
graunte of his Ma^'^ of England his pattent to his subiects of 
England, likewise blaming my predecess'' for some passages att 
Deleware who I hope is nowe in his natiue countrie, & if he, 
or any one else, haue any thing to laye to his charge, they may 
there question him, and I doubt hee will answere what soeuer 
they can obiect against him. 

For myne owne pte I canne noe ways interpret his, but as 
an aggrauating of former passages, to the worse sense, laying 
many things to my charge, ripping vp (as he conceiues) all 
my faultes, as if I were a schole boy, & not as one of like de- 
gree with himselfe, and they are soe vaine, and by me soe 
sufficientlie answered that I shall be silent, and only instance 
in 2 or 3 of the cheifest of them. 

First concerning my receiuing recognition heere, that it is 
soe excessiue high, &c : I only answere, Euery State hath power 
to make what lawes, and impose what customs in theyre owne 
precincts they shall tliinke conuenient, without being regula- 
ted or prescribed by others, yet notwithstanding wee haue 
bynne soe fauourable to your countriemen trading heere, that 
they pay 8=' p cent, lesse then our owne, and I am confident all 
things considered not 4 p cent. 

Hee likewise obiects against me (his heare say) of my 
threatning to burne or beate downe yo"" trading howse, & of 
report from seuerall places & psons, concerning my selfe, & 
secretarie's indeauouring to raise the Indians against the Eng- 
lish, threatning a retaliation and turning the edge and point 
of those weapons vppon vs heere, I had thougth he had had 
more noble worth being a gouern'', or charitie as he was a 
Christian, (hearing such reports of one of like qualitie as him- 
selfe) not to haue giuen credit to them, but rather imprisoned 
the reporters vnlesse they could haue sufficientlie proued it ; 
and I take it to be as greate an iniurie to me, (to haue such 
reportes raised and beleued) as possible may bee. 

Concerning my sending Capt. Forester for Holland, and 
that the English collonies may haue occasio to write after the 
same coppie (I vnderstand him very well) and I doubt not but 
theyre wisdoms will doe that which they may well answere to 
theyre principalis, as I to myne, and therefore neede not giue 
him, or any one else heere, an accompt, yett for yo"" satisfactio, 
he claimed the gouerm'^ of all Long Isl: Dutch & English, and 
produced a comissio wheather counterfeit or noe, I know not, 
for it was sealed but not signed. 

His conclusion is indifferent faire, but I shall not begg it 
66 



522 APPENDIX. 

from him. If I meete in the spring with the gouern'" of Boston 
& Plimmouth I hope wo shall doe our best for the reconciling 
of all differences ; to put any thing to them as arbitratours I 
am not yett resolued, but shall Avillinglie compile with them 
in what they shall thinke conuenient, and whereas he is soe 
full of his retaliatio, according to his owne words and prac- 
tise, liee must giue vs leaue to giue libertie to any that shall 
fiye from your jurisdiction to remaine vnder our protection 
vntill our fugitiues are deliuered, which assone as done I shall 
indeauour to send theyres backe, soe S'' with my loueing 
respects I take leaue, and rest, 

Yo"" assured lo : friend, 

P. Styvesant. 
Fort New Amsterdam in New Netherlands, 
Decembr the IGth, 1047. st: no: 



L. 

Governor Stuyvesant to Governor Eaton. 

This following letter was sent to Mr. Eaton by the Secret: 
Tehioh. ^ 

To Mr. Eaton. 
Worthy S"", 

Certaine reportes comeing to my eares that, some of my coun- 
triemen & others vsing to trade with natiues of yo"" ptes, doc 
indirectlie sell vnto the s'' natiues powder, gunnes & lead, & 
that in particular one Gouert Lockoman had done it, & with- 
all had indeauoured to instigate the Indians there against the 
English, I could doe noe lesse then in discharge of my duty to 
God & my neighbour, but seriouslic to enquire into it, and 
haue vsed my best indeauour for the fmeding oute the truth, 
it being of soe high a concernement as to arme the Indians 
against the Christians, vppon all occasions, & making del)ate 
As iealousies betwixt the two nations in these ptes, that haue 
soe long & happilie lined in vnion in our natiue countries. 
1 haue therefore thought good to send our secretarie vnto yow 
aboute it, togeather with such information as I haue receiued 
vnder the hands of Mr. Throckemorton, Mr. Willet, & Mr. 
Hart, & humblie entreate yow, yow would be pleased to vse 
yo"" indeauours to the magistrates of Sowthampton & otlier 
places, that the truth may be knowne in the premises, concern- 
ing the s'i Gouert or any other that haue relation vnto our 
jurisdiction, & if proued against him or others, yow shall 



APPENDIX. 623 

apparrentlie finde that I will not countenance any of ours in 
such wayes of vnrighteousnes, but cause such examplarie 
punnishment to be inflicted vppon them, as shall deterre 
others from doeing or attempting the like in both respects, 
either in indirect trading or instigating the Indians against o'" 
Christian brethren of the English nation. 

I very well know such practises & speeches by any of o'"^ is 
& may be cause, (& that iustlie,) of iealousies and discontents 
between vs, but I doe hereby protest, before God & the 
world, my innocencie in either respects, & doe reallie & lieart- 
ilie desire a continuation, growth & encrease of neighbourlie 
lone & correspondcncie betwene vs in these ptes, and for the 
effecting of which I haue latelie written to the Gouern's of 
Boston & Plimmouth, that if they, with yo"" selfe, will please to 
giue me a meeting att Conneticut att any tyme you shall 
appoint, this summer, I doubt but through the blessing of 
God wee shall giue that mutuall satisfaction to one another, 
in euery respect, that past differences may be forgot, future 
preuented, & a happie union betwixt our nations in these ptes 
firmelie knit. Desiring yow will please to giue me an answer 
to each particular by o"" secret. I shall take my leaue & rest, 
Yo''^ to my power in any office of loue, 

Pet. Styvesant. 

May the 28^^ (48) 1648. 



M. 

Governor Eaton to Governor Stuyvesant. 

The answere. 
Honoured S"" 

Yoi-s of the 28tii May, 1648, st. no., I rec^ by yo"- secret., 
in the former pte whereof yow expresse a due sense of y^ mis- 
carriage of some of yo"" traders, who neglecting y^ publique 
saftie & peace, for priuatc gayne & respects, not only dispose 
& arme the Indians for warre in generall, but incense them 
against the English in particular. Yoi" secret, to this purpose 
hath shewed me the testimonies Mr. Willet, Mr. Throckemor- 
ton & Mr. Heart hath giuen against Gouert Lockoman. Yow 
may please to remember both what the comission''s for the 
vnited English Collonics wrot from Boston, August 17, 1647, 
concerning this dangerous trade, (of selling gunnes, powder, 



524 APPENDIX. 

shot, &c., to the Indians,) driuen by some of yo" att Aurania 
fort, at Long Island, within the riuer of Conneticiit, atf Nar- 
rowgansett, & other places within the English jurisdictions ; 
but how to discouer & suppresse it, (the pticular traders then 
vnknowne to the comissionf^) they left to yo^ wisdom & 
iudgem', & what information I gaue, Nouemb' 16, 1647, con- 
cerning that vnchristia &■ neighbourlie course of incensing 
the Indians att Long Isl: & else where against christian neigh- 
bours. It is true we had but Indian testimonie, nor may it be 
expected that they which are exercised in such crooked & vn- 
dermining workes should blowe a trumpet & call in witnesses 
of more credit. Soone after I heard from Saybrook that 
Dauid Prouost, (somtimes agent at yo"" howse neere Hart- 
ford,) tould the Indians aboute Conneticut riuers mouth that 
the Dutch would shortlie fight with the Indians, & that they 
had ingaged all the Indians in these ptes, (the Moheags ex- 
cepted,) ynto them. Janu. the S'^, 1647, a complaint was 
brought from the English att Sowthampton, that Gouert Lock- 
oman had bynne latelie trading with the Indians of those ptes, 
who reported that after he had sould them some coates he 
declared that if they would buye more, with euerie coate hee 
would giue a pownd of powder, which pcured him a quicke 
markett & soe furnishes the Indians with powder that they 
could sell to the English ; & the same Indians further testified 
that Gouert wisht them to cutt of the English, and the Dutch, 
(to such a worke,) would furnish them with peeces, powder & 
shott enough, wci> soe prouokes the Engl : att Sowthampton, 
that had they had order they would haue staide Gouert & his 
vessell ; since w<^h i ynderrtand that Dauid Prouoost in that 
pte of Long Isl: hath indeauored to take, (as it were,) the 
ground from vnder the feet of the English, purchasing lands 
w^'' the Indians haue long since passed ouer & vnto which the 
Eng's for many yeares haue had a knowne & vnquestioned 
right, & had giuen a price for the same, till the Indians, (con- 
vinced by the English of theyre vnrighteousnes,) retourned 
his pay. 

These concerne the Engl, collonies more generallie & are as 
soe many sparkes fitt to kindle a fire of contention, but I 
should allsoe haue added yo^ late proclamatio, which is a 
reall inuitatio to discontented psons & delinquents to become 
fugitiues, with seuerall other greiuances which more directlie 
concerne Newhaucn, to those mentioned No"" 16, 1647, but 
that by yo"" letf^ to Mr. Goodyeare, Decembr the 13"% lo the 
Gouern'' of the Massachusets, Febr'"y the 8"', it appeareth yow 
tooke offence att my open dealing, tending only to prepare for 
a meeting wherein all questions & iniuries might be duly con- 



APPENDIX. 525 

sidered, satisfied and remoued, & a iust wholesom peace setled 
& confirmed betwixt the Engl : & Dutch in these ptes. To 
conclude, I soe fully close with the contents of this yo"" last letf 
that I haue allready written to the Gouern^s of the Massachusets 
to furtlier the meeting, & to the Gouernr of Conneticut to 
enquire if further light might be had from Sowthampton, 
(which is in that jurisdictio,) concerning Gouert Lockoman 
crooked & puerse waye. In the meane tyme, our owne iust 
rights duly preserued in retourning of fugitiues, & in all other 
offices of neibourly correspondencie, I shall walke with yow 
passib. gequis, I rest, 

Yo"^ louing friend, 

Theophilus Eaton. 
Newhauen in New Engl:, 
May the 31th, 1648. st. vet. 



N. 
Governor Eaton to Governor Stuyvesant. 

Mr. Eaton's 2<^ letter. 
Honoured S"" 

In my last, by yo^" secret., May the Sl^ii, (48,) I exprest my 
full closing with the contents of yc^ dated May 2S^^\ new 
stile. By letters from the Goueru'' of the Massachusets, I am 
since informed that he had rec^ yo''^ of Aprill the 3^ & May 
the 24th, that with much content he intertaines yo"" motion for 
a meeting & treaty att Conneticut, & vppon a retourne from 
the Gouernr of Plimmouth will more fully satisfie. In the 
meane tyme, I shall offer to yo'' consideration wheather by 
waye of preparation it may not conduce to a more speedy & 
comfortable setling of things, if you thinke fitt to admit Mr. 
Will. Westerhowse to open his cause & speake in his owne 
defence. Heatherto I suppose all intercourse hath bynne by 
messengers or letters, wherein there may be somthing mista- 
ken or somthing omitted w^h might cleere or mittigate the 
offence or censure ; if, therefore, yow please to graunte him, 
by yo"^ letf to mee, or otherwise, as shall seeme best to yc 
selfe, a warrant or safe conduct to come to the Manhataes, to 
stay there a conuenient tyme, & againe thence to retourne in 
safetie, without molestatio, either by land or watter, that hee 
may expresse & open the grownds of his former proceedings 
& present hopes to receiue a milder issue, (in a cause soe 



526 APPENDIX. 

weighty & neerelie concerning him,) then the former sentence 
& executio importe, I shall adnise him in that waye to attend 
yow with his first conueniencic. I desire yo^ answere, but to 
preuent mistakes shall assure yow, that though vppon different 
apprehensions yow for the present refuse to heare or treate in 
this matter, yet on my pte it shall neither hinder nor cast any 
new difficulties vppon the meeting ppounded. I rest, 
Yo''* in all offices of neighhourlie correspondence, 

Theo: Eaton. 
Newhauen in New Engl. June the 
20th 1648. St. vet. 



O. 

Governor Stuyvesant to Governor Eaton. 

The answere. 
Honoured S"" 

Yo''s of Juno the 20t>i, st. vet., I rec', & pceiue that my 
ppositions for a meeting att Conneticut are well accepted both 
by yo"" selfc & the worthy Gouern'' Winthrop. In his to me I 
vnderstand the tyme will be aboute the middle of Sept'". I 
shall further entreate yow if it may stand any waye with yo*" 
conueniencic, that the s^ meeting may be aboute the 20"' of 
Augst, ould stile, in respect o"" shipping will presentlie after be 
ready to goo for o"" natiue countrie, and I should be very glad 
by the first opportunitie to giue accompt to my Lords the Es- 
tates Generall of my pceedings with yow, & shall then haue 
opportunitie of sending one expresse to my s<' Lords, other- 
wise I shall haue noe opportunitie till the next summer. And 
whereas yow are pleased to write concerning my countriefhan, 
Will. Westerhowse, that he may haue free admissid hcere, 
without molestatio, either by land or watter, I shall desire yow 
will please to excuse me therein, in respect I cannot pmit to 
come hcere without questioning him for his contempt of 
the souereigne justice of o"" natiue land in his disobeying theyre 
established orders ; but if hee hath any thing to speake to me, 
I doubt not Ijut with the pmissio of God to make him an ans- 
were att Conneticut, & soc S"", for present I shall take my 
leaue & rest, 

Yo'"s in all rcall offices of louc, 

Pet: Styvesant. 
Fort New Amsterdam in New Netherlands, 

July the Sth, 1648. st. no.. 



APPENDIX. 527 

P. 

Governor Eaton to Governor Stuyvesant. 

Mr. Eaton's aiiswere concerning the Comissioners being sent 

oner land by one expresse. 
Honoured S'' 

I vndcrstand from the Gonern'' of the Massachusets that he 
hath written by a vessell bownd to Vir[ginia] and that Ictt'" 
may possible be with yow before this came to my hands, yett 
considering the conueyanceby s[ea] is vnccrtaine & somtymes 
slowc, I thought fitting to send an expresse that yow may 
order occasions accordinglie. I haue with my vtmost indeauor 
recommended yo"" ppositio that there might be a meeting, to 
settle peace vppon due considerations & vppon a firme Ijottome, 
& did desire that the place & tyme might suit yc conuenien- 
cie, the Gouern'' of Conneticut did in all respects fullie concurre, 
but it seemes Mr. Bradforde & the comission''^ for the Massa- 
chusets haue other pressing occasions, w^^ they cannot broake 
through, for that the meeting must necessarilie be deferred 
till the Spring or till the middle of Jnne, but wheather sooner 
or then, (if the Lord will,) I shall readilie attend it. In the 
meanc tyme, (referring former questions to a due considera- 
tio in the fittest seaso,) I shall walke with yow in all wayes of 
righteousnes, peace & neighbourlie respect, & shall rest, 

Yo'' lo : friend, 

Tlieo: Eaton. 

Newhauen, Aug. 4'^, (48) st. vet. 



Q. 

Governor Stqyvesant to Governor Eaton. 

Honoured S"" 

Yo" of the 4th Qf August, by yC messenger, I rec^', to- 
geather with 2 from Mr. Winthrop, of one by Mr. Peblcs, the 
other by the man yow sent, wherein I vnderstand of the differ- 
ring the meeting vntill the next yeare, through some indispo- 
sition in Mr. Bradforde. I shall therefore recommend vnto 
yow that in the interim there may be all neighbourlie & miitu- 
all intercourse of friendship between vs, & noe incroaching 
vppone one anothers pretended right, vpon any pretences 



528 APPENDIX. 

whatsoeuer, but that things may remaine in the same state as 
they are, vntill wee shall come to a friendlie, iust and faire 
agitation. I shall likewise informe yow that yo'' intertaine- 
ment of my countrieman, Will. Westerhowse, amongst yow is 
not only dangerous, but may prone destructiue to yo''selues & 
the other plantations in his vnderhand selling of gunnes & 
powder, for I haue sufficient tcstimonie of one of ours that 
bought 50 gunnes oute of his ship & being questioned, (by our 
court heere,) for it, confessed it, & that he sawe 8 or 9 che§ts 
more of gannes aborde ; and, as I am likewise in pte informed, 
sould one of yo'" towne (who vseth to trade) some 50 more, so 
tliat by computatio there was aboute some hue or six hundred 
gunnes aborde the ship purposelie for that damnable trade 
with the Indians. This I am snre of; there was taken oute of 
the ship, (after she was heere,) some 500'' of powder in brand- 
wine caske, besides his ships store. Soe much I thought good 
to giue yow a touch of, that yow may doe therein as yow in yo'' 
wisdom shall thinke conuenient. Gouert intends to come 
amongst yow to purge himselfe of those things obiected against 
him. Whereas of late there are two fled from our ptes, the 
one of them by name James Turner, a squint eyde fellowe 
aboute 35 or 40 yeares of age, the other likewise a well sett 
fellow by name James Hallet, aboute the same age, I shall 
request your asistance in apprehending them if in yo'' ptes, <fe 
that they may be sent heather ; I shall paye all charges, & be 
ready to doe the like vppon any like occasion, & rest 

Yo"^ assured friend, 

Pet: Styvesant. 
August the 20th, 1643. st. no. 



R. 

Governor Eaton to Governor Stuyvesant. 

Honoured S"" 

Vppon the receipt of yc^ I sent o"" marshall to search for 
& apprehend all suspected strangers, particularlie such as yow 
, had described. Two were brought ; the one vppon certificate 
from Stamforde was presentlie cleered, the other pued to be 
James Turner, an Englishman and squint eyed ; him I sent 
by sea in a pinnace whereof Jeremy How, mentioned in my 
letter dated August 28ih, st. vet. I desired further light 
with due proofe, eoncerning Mr. Westerhowse his trade for 



APPENDIX. 529 

gunnes, powder, to whom both of yo'^ & ours he sould those 
100 gunnes in 2 pcclls, & wheather they be come into the In- 
dians hands & by what meanes, that I may call him to an 
accompte for what is past & stop the waye of a trade soc mis- 
cheiuous for the future. I haue entreated your Secret'^y that 
the proofs may be the more full & conuincing, because Mr. 
Westerhowse being questioned by the comission''^ doth denye 
that he brought any considerable number of gunnes with him, 
much more that he hath sould according to the importe of 
the charge. 

By yo'"s of the 7''' of Octob'", 1648, st. no., which vppon my 
retourne from Plimmouth I rec^' by yo'' secret., I perceiue 
that neither my letter nor the prisoner were deliuered att the 
Manhataes, for which I shall call Jeremy Howe to accompte. 
In the meane tyme yow may rest assured that I was as reall & 
carefuU in apprehending & retourning the fugitiue as I could 
haue bynne had any of the English collonies bynne interres- 
sed. Concerning Gouert Lookomans trading with the Indians 
& carriage towards the English, I haue to himself exprest my 
thoughts before 3^0'" secret., & shall leaue him to yo"" justice. 
If Samuell Goodenhowsen proue reallie indebted att the Man- 
hataes, and that through his defaulte Gouert Lookoman as 
suertie susteine damage, I shall without referrence to other 
questions afforde him iust asistance ; but if it be only a 
question aboute goods brought to Ncwhauen, &c., it will fall 
vnder due consideratio att the meeting ppownded, w^'i meet- 
ing the comissionrs desire to prepare & further, according to 
the tennour of theyre letter heere inclosed, w^h they haue 
entreated me to conuey, & from me they will expect a re- 
tourne. If therefore yow please, either by this messenger 
whom I purposelie send to attend yow therein, or by some 
other conueyance, with yo'' first to retourne answere to the 
pticulars, I shall imparte the same to the other collonies. 

As one that desireth by all just meanes to follow peace with 
all men but especiallie with a Christ: natio, both yow and 
mee, (though all questions be fairelie composed) may haue 
exercise enough with the wilde natiues, who being ouer plen- 
tifullie furnished with gunnes, powder and shott, are apt to be 
iniurious, but if they finde vs diuided and att difference, they 
will growe insolent & full of puocations, but I shall not in- 
large. I haue rec* a testimonie of yo'" loue & respect which 
with due thankefulnes I accept, and shall improue the first 
opportunitie to make a more reall retourne, in the meane 
tyme I rest, Yoi's in all offices of loue, 

Newhauen in New Engl: this 9^^ of Theo: Eaton. 

Octobr, 1648. st: vet: 
67 



530 APPENDIX. 

Vppoii the opportunitie of soe safe & speedie conueiance, as 
by this gentehnan Ensigne Baxter, I thought I might spare 
the sending of an expresse messenger, but I still desire yow 
will be pleased with your first conuenience to retourne me an 
answerc to the particulars in the comissionrs letf, soe I take 
leaue, resting, Yo^^ T, E. 



S. 

Governor Eaton to Governor Stuyvesant. 

Honoured S"", 

I long since acquainted the rest of the comiss'"'^ for the 
vnited English collonics with yo"" answere to [ ] but the 

winter season hath so shut up all passages that till now of late 
could not retourne theire thoughts. In theyre names 1 am 
now desired to certifie that your answere in diuerse particular 
be not to theire satisfaction, yett the [y are] not only willing 
but desirous of a meeting that all diiferences and grieuances 
may be heard, considered & satisfied, accord [ing] to righteous- 
nes, & a iust wholesome peace, by all due meanes setled & con- 
firmed, betwixt these English collonies & the neighbour plan- 
tacions vnder the Dutch gouerm', only whereas yow desired 
the presence & helpe of the gouernours of the Massachusets 
" and Plimmouth, to weigh and arbitrate &'=: (they being both 
aged & vnfit for long land journeys, the comissioncrs, (in refer- 
rence to them) thought Boston would be the fittest place, & 
for the tyme they arc willing to the vtmost, to suit your occa- 
sions, and doe therefore consent that the meeting be the last 
weeke in June, or first weeke in July, according to the Eng- 
lish accompt, as yourselfe shall please to appoint, declaring yo'' 
mynde in due season, that I may certifie the comissioners 
thereof; sooner it cannot bee, in referrence to other publique 
occasions of the collonies, & they would not vnnecessarilie de- 
ferr it as hoping (through Gods blessing) wee may all reap the 
comfortable fruites of such a meeting & treaty, yett if the last 
weeke in July will better answere yo'' occasions, vppon notice 
I conceiue the comission^'s will agree <fe order according. In 
the meane tyme the comission»s desire me to informe yow 
that they cannot submit to the taxes, recognitions & other 
burdens imposed att the Manhataes ; if they be not speedilie 
taken of, yow may not blame them if they prouide due remedy 
against them ; this is all I haue from them to jipound, but since 
I hearde from the comission''« by other conueiance I haue rec^ 



APPENDIX. 531 

informatio of the death of our worthy & much honoured friend 
Mr. Jo : Winthrop, late gouern'' of the Massachusets collonye ; 
he departed this lyfe the 26'^ of March. I am assured he is a 
rich gainer by his remoue, the losse is ours, and accordinglie 
I beleue his death will be lamented through all the collonies. 
In referrence to this vnexpected & afflicting prouidence, I de- 
sire to vnderstand yo"" mynde, whom you will choose in his 
roome to compose & arbitrate differences, or how the meeting 
may be carried on to answere our ioynt aymes & hopes, thus 
with my due respects I rest, Yoi's in all 

Theo: Eaton. 
Newhauen in New Engl : the ll^h of Ap : 
1649. st : veter. 



T. 

Governor Stuyvesant to Governor Eaton. 

Worthy S"", 

I hope yow have receiued myne in answere to yo''» of the 
17th of Febr: & whereas yow are pleased to write concerning 
the answere of the comission''s to myne, first that they are 
vnsatisfied in diuerse pticulars, yett willing & desirous of a 
meeting, that all things may be composed in a neighbourlie & 
iust waye, I hope I haue giuen yow and them sufficient satis- 
factio of my readines therein, & shall willingiie attend all due 
meanes for the accomplishing it, w^'i they & myselfe conceiue 
may be effected by our ioynt meeting ; and vppon some consid- 
erations is intended att Boston. I suppose my inabilitie to 
trauaile soe farre by land is well knowne to yow & them ; and 
vnderstanding by the latter pte of yo'" letter of the death of that 
euer honoured & worthy gent: Mr. Winthrop, I doe reallie 
condole with yow, we being all of vs in these ptes participants 
in the sad losse of one whose wisdom and integritie might 
haue done much in composing matters betweene vs, & shall 
therefore referre to yow and theyre considerations wheather or 
noe the meeting may not as well be att Conneticut, according 
to the tyme appointed (& vppon notice thereof shall willingiie 
attend it,) if not I shall neuerthelesse giue yow a visit att New- 
hauen, where wee may haue some speech betwene vs indeau- 
ouring to remoue all mistakes or misapprehensions betwene 
vs, S"", I rest, Yo"" assured friend. 

Pet: Styvesant. 

Fort New Amsterdam in New Netherlands, 
May the 4'^, 1649. 



632 APPENDIX. 

U. 

Governor Eaton to Governor Stuyvesant. 

Honoured S"", 

Yours of the May the 4"' by Mr. Allerton I receiued; in 
both yo^y expresse att least a purpose to call Joseph Scot to 
an accomptc aboute the cowe, &c. I hope yow will prouide 
that the man at Stamforde, who bought the cowe after she had 
bynne condemned in that courte, may haue speedy & iust 
satisfactio, with due allowance for dammage, but what place 
Toby Feekes held vnder you att Greenwich, what order he 
had first to deteine and then to send awaye the cowe, after 
judgement in the English jurisdictio, without satisfaction to the 
pty interressed, & how justice may haue a due course here- 
after in these neighbour jurisdictions, without disturbance & 
offence, is of higher consideratio then the vallew of the debt or 
price of the cowe. 

Your answere to the commissioners letter from Plimouth, 
in diuerse pticulars did not satisfie them, I therein gaue yow 
there owne words, yet they were willing & desirous of a meet- 
ing, that all differences being considered & duly satisfied, a 
just peace betwixt the English collonies and neighbour planta- 
tions vnder the Dutch gouerment, might be continued & con- 
firmed, only in referrence to Mr. Winthrop & Mr. Bradforde, 
whose presence & helpe to heare & compose your selfe pro- 
pounded and desired, the commissioners thought Boston 
would be the fittest place for meeting, not att all questioning 
yoi" abilitic to trauell att least by sea, to soe neere a port, but 
1 haue sent the contents of yo'' last letter to the Massaclmsets, 
<fe shall retourne theyre answere with my first conueniencie. 
I haue spoken to Mr. Allerton to whose informatifj yow refer- 
red me, aboute the customs or recognitions, with other bur- 
thens imposed att the Manhataes; from him I vnderstand 
they are all taken of, &, the hand taken downe, att least that 
all in the English collonies may anchor where they themselues 
see good, in referrence to theyre safetie and conuenience, 
whence 1 conceiue that in all respects they shall finde the 
Manhataes, both in theyre trade there, & in theyre passage to 
and froe, as open & free as the English harbours haue hitherto 
bynne to the Dutch, but whether Mr. Allertons informatio or 
my apprehension be free from errour and mistake I knoAve not, 
& may hereafter possiblie be questioned, if therefore your selfe 
had been pleased in a matter of this weight to haue certified 
what is concluded & setlcd in the former pticulars, vnder yc 
owne hand, that all the English collonies might fully vnder- 



APPENDIX. 533 

stand theyre libertie, or what will be expected from them, it 
would certainelie byii more to satisfactio. 

Lastley whereas yow are pleased to offer a visit att New- 
haiien for conferrence, & to remoue mistakes, &c. though in 
referrence to psonall respects, I am free for all friendlie offices, 
wheather att Manhataes or Newhauen, yet remembring what 
hath passed not only formerlie in Mouns'' Kiefts tyme, but 
more latelie since yo'" selfe haue managed that publique trust, 
I shall offer it to yo^ consideratio wheather after a publique 
treatye hath bin soe often ppounded by yow, and by vs accept- 
ed, to compose differences wherein other collonies are inter- 
ressed, it be on your pte conuenient, or comly on myne, to 
resolue it (without theyre satisfactio or consent) into a priuate 
visit & conference att Newhauen, and in referrence to offences 
hecre, whether you be prepared, (according to what shall ap- 
peare & be proued just) to giue satisfaction to the questions 
yow know in discharge of my duty to the crowne of England, 
my ingagement to this jurisdiction, & in answere to the com- 
plaints of some pticular psons, I shall be necessitated to pro- 
pownd & presse, or wheather without such satisfaction we 
may propablie expect that our meeting att Newhauen should 
pduce any comfortable fruites or effects. I hope yow will nei- 
ther misconsture nor censure this open and plaine dealing, 
wherein I still pfesse my only aime is to further a due setling 
of peace & amitie, and soe I shall rest, 

Yours in all offices of loue, 

The; Eaton. 

Newhauen in New Engl : 

April the 30ti», 1649, st. vet. 



V. 

Governor Stuyvesant to Governor Eaton. 
To Mr. Eaton. 

Yours of the SO^h of Apr'i, stil: vetere, I receiued & receiu- 
ing a letf from Heemstate after the vpsealing of my last vnto 
yow, I sent it yow by Mr. Allerton, togeather with a discharge 
to Joseph Scot from the atturney of the man att Stamford. 

And whereas yow are pleased to write againe concerning 
the commissioners being vnsatisfied in diuerse particulars in 
myne to them, I hope they will neither expect or require more 
from me then what I may well answere to the state I serue. 



534 APPENDIX. 

Concerning Mr. AUertons informing yow of the taking of the 
recognitio of goods imported heere (from New England) by 
your countriemen, yow may ])lease to vnderstand that the ten 
p centum formerlie demanded and paid, it is for present sus- 
pended & not to be demanded or paid till further order, and 
allthough yppon very good considerations there was a signe 
erected for to anchor within, yet being now blowne downe by 
accident shall be no more sett vp, allthough vppon request I 
neuer deny do any of yo"" countriemen libertie to anchor where 
they pleased after they had shewne theyre obedience to the 
said order. 

Concerning my writing vnto yow aboute my intentions of 
glueing yow a visit att Newhauen in case that the commis- 
sioners did not meete at Conneticut, and that in reference to 
psonall respects yow were free for all friendlie offices, wheath- 
er att Manhataes or Newhauen, yet remembring things past in 
the tyme of my predecess'', & what hath bynne done by my 
order, yow referre to my considei-atio the inconueniences that 
may thereby arise, S^ I haue no reason to miscontrue or cen- 
sure your open <fe plaine dealing therein, but to embrace it 
with a friendlie acknoAvledgemt of yo"" wisdom, for I suppose it 
is well knowne vnto yow that in relation of my duty to the 
state I serue, I cannot answere those ends you may be neces- 
sitated to vrge & presse, and shall therefore further attend yo"" 
answere from the comissioners, in the interim shall rest, 

Yo"" lo: friend, 

May the 26th, (49.) Pet: Styvesant. 



W. 

Governor Eaton to Governor Stuyvesant. 

Honoured S"", 

Yours of the 20*^ May, 1649, st: no: I haue rec' & since 
that another dated June concerning fugitiues, of whose 

arriuall in these ptes 1 yett heare nothing, but haue g[iven] 
order to our marshall to enquire and apprehend them. 

The comission''s cannot l)ut conceiue & conclude, that the 
states you serue will approuc & commend a just carriage and 
correspondencie towards all the English collonies, & certainelie 
in such passes of righteousues the state of England will direct 
& walke with them; we haue formerlie protested against 
Mounsr Kiefts iniurious course att Deleware & else where, as 
yow haue bin informed ; our right there is well knowne (not 



APPENDIX, 535 

only to the English but) to the Duch & S weeds & Indians. 
Wee neuer claimed, nor doe we desire to posesse a foote of land 
to which yow can shew any iiist title, but we may neither lose 
nor let fall the English interest & claime in and to what we 
haue purchased & paid for in those ptes ; had yow bin pleased 
to haue met the coinission'"s att Boston, these & other greiu- 
ances which (I need not mynde yow of) might haue bin dulie 
debated, & by such a referrence as your selfe haue ppounded, 
justice issued. The comission>'s for the Massachusets haiic 
latelie certified me that with conueniencie they cannot meet 
at Conneticut, besides Mr. Bradford his indisposition to trau- 
aile, of W^h I wrote formerlie ; Mr. Dudley, one of the present 
comissioners, is aboue 70 yeares of age, and vnfit for such a 
iourney. 

By yoi's of the 26'-'i of May, I vnderstand that the 10 p cent, 
formerlie required & taken for good[sJ imported, is only for 
the present suspended, it may then be reimposed or increased 
att pleasure, which yow know cannot satisfie; that the hand 
erected for anchoring is dowiie by accident, and shall be sett 
vp noe more, but I desire if yow please to be further certified, 
whoather the English in tlieyre trading att the Manhataes, and 
in theyre passing by to and from Delcware, Virginia, &c. may 
expect a full freedome from all recognition, imposition or 
charge, by what name soeuer called, both for goods imported 
and exported, or what duties, restraints or confiscations they 
must paye and submit vnto, & vppon what grownds, that the 
merchant seing his waye, may walke safelic, and the comis- 
sion'"^ may order theyre counsells and courses accordingiie, as 
they wrote to yow from Plimouth, Septemb'' IBt'', 1648. So 
S"", 1 take leaue & rest, 

Yo''s in all offices of loue, 

Theo: Eaton. 

Newhauen in New Engl : June the 
7t's 1649, St: vet: 



X. 

Governor Stuyvesant to Governor Eaton. 
The answere. 

Yo'"'* of the 7th of June I rec"^ and wonder much att Mr. 
Allertons neglect in shewing yow the letter and discharge con- 



536 APPENDIX. 

cerning the cowe ; assone as he retournes I shall speake with 
him aboute it, & then write to yow againe. 

Concerning yoi" ptest against my predecessour, Mouns'' 
Kieft, aboute some passages att the Sowth riuer, called Dele- 
ware, I doubt not but what he did was vppon warrantable 
grownds, and made yow a sufficient answere, but concerning 
our right there, and of my intentions of maintaining it, I haue 
allready written to the goucrnours of the Massachusets & Plim- 
mouth, who I suppose will acquaint the comissioners with it. 

Whereas yow write to me concerning yo'' countriemens 
trading heere, and passing to and from Virginia and Dele- 
ware, &c. I haue allready written & graunted as much as I 
can or dare doe, vntill I haue further order from my soue- 
reignes and masters, and am not to be responsible to any but 
them, nor regulated by any but them. 

Your assured friend, 

Pet : Styvesant. 

July the 2 J, (1649,) St: no: 



INDEX. 



Abbott, Robert, goodman, 10, 76, 86, 138, 152, 
156, 162, 168, 401. 
» Ab.sent lots, see Vacant lots. 

Acie, Ruth, 84. 

Adams, Edward, 46. 

Addams, Thomas, 140. 

Akerlye, Henry, 32. 

Alarum, soldiers to repau- to the meetinghouse 
upon, 78. 

Alienations to be recorded, 83, 215. 

Allcote. Thoma.s, (in the^Bay,) 365. 

AUeti, John, 140. 

Allen, Robert, 138. 

Allen, sister, goodwife, 304, 443. 

Allerton, Isaac, 302, 309, 325, 499, 520, 532, 
534,535. « 

instructed by Dutch Governor to raise sol- 
diers for aid against Indians, 116. 

Allerton, sister, 304. 

Ailing, Allen, Roger, 9, 18, 33, 59, 68, 69, 91, 
138,228, 232, 279,295, 302, 343,358, 387, 390, 
410, 431, 477. 

Allotments, committee chosen to advise about, 
24. 

Alsop, Allsop, Joseph, 94, 139, 299, 449, 459. 

Alsopp, Timothy, 297. 

Ammunition to bo provided for the town, 500. 

Anderson, David, 28, 59. 

Anderson, Richard, 140. 

Anderson, William, 149. 

Andrewes, Jane, 84. 

Andrewes, Nathan, 141. 

Andrewes, Samuel, 140. 

Andrewes, AViUiam, 9,17, 20, 24, 25, 28, 82, 33, 
41, 43, 50, 81, 88, 93, 120, 137, 142, 143, 145, 
152, 158, 165, 186, 188,194,206, 2.50, 277,292, 
299, 302, 304, 319, 357, 368, 388, 405, 408, 411, 
424, 425, 428, 429, 438, 462, 474, 481, 495, 503. 
chosen for the foundation work of the church, 
16 ; sergeant, 76 ; licensed to retail wine, 166, 
218 ; keeper of the ordinary, 209 ; desires to 
lay it down, 273, 312,357,389. 
lieut. of artillery, 382 ; has liberty to take 
trees for timber yard, 458. 

Andrewes, AVilliam, jun., 229, 334, 449. 

Anthony the neager, trial of, 335. 

Arms, planters to be furnished with, 25, 96, 
131, 201 ; to be viewed quarterly, 13l. 

Artillery company, 241. 
liberty granted to begin an, 141, 203 ; mem- 
bers of to be exempt from squadron train- 
ings, 156 ; officers and orders of, confirmed, 
157 ; to go on according to their own orders, 
187 ; officers of, chosen, 382. 

Ashby, Thomas, 31. 

Aspenall, William, 67. 

Astwood, Oapt. John, 263, 332, 350, 467, 492. I 

deputy for Milford, 112, 129. 
Atherton, Mr. 519. | 

68 



Atkinson, Luke, 18, 57, 90, 92, 109, 138, 261, 
303, 316, 430, 486. 
charged with defaming Mr. Davenport, 279. 

Atwater, David, 18, 41, 93, 138, 155, 302, 321, 
364, 365, 370, 382, 404, 470, 496. 

Atwater, Joshua, bro., Mr , 9, 18, 41, 49, 62, 
75, 79, 86, 93, 126, 137, 141, 147, 149, 164, 
166, 176, 186, 196, 210, 214, 225, 239,283, 302, 
314, 331, 414, 430, 441, 448, 465, 495, 499. 
treasurer, 171, 274; treasurer for the juris- 
diction, 275. 

Auditors of treasurers accounts chosen, 171, 
274, 354, 425. 

Auger, Nicholas, 95, 133, 139. 
freed from watching, 375. 

Axtell, Nathaniel, 31, 35, 91. 

Bovkin, Jarvis, 17, 50, 59, 80, 93, 125, 138, 145, 

155, 179, 194, 277, 302, 325, 376, 404, 408, 

424, 438, 444, 448, 465, 466, 501. 
Boykin, Nathaniel, 141- 
Boykin, sister, 303. 

Bracie, John. Mr. 139, 233, 302, 323, 325. 
Bracie, Mrs., '304. 
Bradley, brother, 188. 
Bradley, Daniel. 140. 
Bradley, Stephen, 141. 
Bradley, William, 139, 175, 228, 427. 
Branch, Arthur, 335. 
Brew.-^ er, Francis, 50, 93. 139, 180, 196, 343. 

inventory of, presented in court, 382. 
Brewster, Joseph, 170, 173, 264. 
Brewster. Mrs. Lucy, 173, 258, 259, 269, 280, 

303, 343, 363. 

trial of, 242. 
Bridges to be built, 61, 76, 188, 210, 226. 
Bristow, Henry, 139, 459, 487. 
Broadstreet, Mr. 74. 
Brocket, John, 10, 13, 17, 26, 88, 91, 95, 138, 

186, 188, 221, 303, 354, 375, 428, 446, 448, 466, 

477, 502. 
Brockett, sister, 304. 
Bromfield, William, 28, 29. 
Brookes, John, 140. 
Browne, Eleazer, 141. 
Browne, Francis, 10, 18, 42, 50, 61, 62, 94, 135, 

138, 183, 188, 230, 241, 261, 303, 314, 389, 

430, 431, 448, 458, 465, 486, 495, 501. 

to keep the ferry, 165. 
Browne, John, 140. 
Browne, Lidia, 38. 
Browne, Peter, 18, 92, 122, 138, 164, 240, 297, 

302, 317, 400. 

hcen.scd to bake, 29. 
Browne, sister, 304. 
Browning, Brunwing, Henry, Mr. , 17. 32, 50, 

56, 62, 93, 138, 153, 161, 183, 196, 225, 231, 

284, 302, 321. 
Bryan, Bryant, Mr., 56, 79. 



538 



INDEX. 



Buckingham, Thomas, goodman, 28, 91, 320. 

Budd, John, 17, 81, 91, 264, 360, 444, 486, 498. 

Bullets not to be fired in the town, 48, 205. 

Bunnill, Benjamin, 140. 

Bunnill, goodwife, 478. 

Burchall, Nathan, 109, 120, 139, 162. 

Burret, William, of Oopeage, 184. 

Burrows, John, 142. . 

Busheag, arraigned for murder, 146. 

Badcock, George, 46, 80. 

Badger, Thomas, 24, 61, 67. 

Badger, William, 393, 438. 

Baile, John, 140. 

Baldwin, Timothy, 44, 197. 

Baldwin, widow, 92. 

Ball, Allen, 120, 138, -269, 270, 273, 378, 427, 

434, 444. 
Ball, Dorithy, 269. 
Ball, Goody, 268. 

Ball, William, 125, 139, 264, 380, 465. 
Baly, Nicholas, 139. 
Banks, George, 261, 272. 
Bannister, Edward, 13, 17, 35, 92, 138, 142, 153, 

155, 297, 302, 308, 460, 477. 

will of, pre-ented iu court, 479. 
Bannister, Goody, 3U4 ; Ellen, 479. 
Barnes, Obadiah, 51. 
Barker, goodman, 75. 

Barnes, Thomas, 95, 121, 139. 162, 314, 418, 502. 
Bartlets, the two, 493. 
Bassett, goodman, 241,274, 304. 
Bassett, John, 139, 178, 276, 303, 428, 495, 500. 
Bassett, old, 157, 168. 
Bassett, Robert, 139, 157, 379, 389, 393, 400, 

409, 424, 428, 429,453, 465, 469, 488, 500. 
Bassett, sister, 304. 
Bassett, Willi im, 125, 134, 138, 261, 390, 410, 

412, 418, 424, 431, 441, 460, 477, 486. 
Bayley, Samuel, 91. 
Beach, Beech, goody, 304. 
Beach, Beech, John, 87, 122,139, 173, 370, 499. 
Beach, Beech, Richard, 13, 17, 32, 46, 75, 92, 

122, 124, 138, 170, 178, 184, 294, 300, 303, 307, 

310, 345, 356, 364, 384, 427, 430. 
Beach, Beech, Thomas, 139, 232, 261. 
Beacher, Isaac, 139, 498. 
Beamout, Thomas, 18, 50, 61, 94, 138, 229, 292, 

389. 
Beastialitv, trial for, 62, 73, 295. 
Becklev, Richard, Serjeant, 17, 28, 50, 93, 133, 

138, "194, 302, 305, 314, 382, 446, 459. 
Beckley, sister, 304. 
Bedford, Margaret, 88, 89. 
Bcere, Adam, 477, 481. 
Bell, Abraham, corporal, 9, 18, 35, 50, 93, 137, 

141, 100, 194, 225,275, 303, 338. 
Bell, Bamfield, 173. 
Bell, Francis, 9, 58. 
Bell, James, 139. 
Bellingham, Richard, 129. 
Benham, John, 9, 17, 50, 91, 122, 139. 140,167, 

194, 229, 261, 205, 292, 302, 364, 412. 
Benham, Joseph, 140. 
Benham, sister, 304. 
Benit, Mr., 467. 
Bennet, Mrs. 249. 
Betts, Roger, 139. 

Billingsgate slutt, definition of the term, 180. 
Bishop, goodman, 142. 
Bishop, Henry, 139, 264, 400, 433, 453. 

prosecuted for slander and acquitted, 268 ; 

action of Mr. Davenport against, 392, 401. 
Bishop, James, 139, 232,378, 430, 434. 
Bishop, John, 309, 488. 
Blackbirds, i-eward for killing, 446. 
Blackman, Mr., [Adam.] 347, 349. 
Blakeley, Blacksley, Blatchley. Thomas, 123, 

124, 138, 152, 271. 
Blayden, William, 67, 122, 139, 188, 264, 271, 

321,322,324,369,378,384. 



Boats and canoes not to be taken without leave, 

48,211. 
Boutle, Henry, 140. 
Bower, Mr., 140. 
Bowten, Richard, 141. 

Cabell, Samuell, 271, 272. 

Cadwell, Margaret, 327. 

Caffiuch, Caffins, Ceffinch, John, 93, 138, 155, 

229, 207, 325, 328, 371, 431, 454, 460. 
Caffinch, Caffins, Ceffinch, Mr., 160,179,241. 

277, 278, 280, 302, 310,315,319,326,376,377. 

384, 399, 444, 495. 
Caffinch. Mrs., 303. 
Caffinch, Caffins, Ceffinch, Samuel, 139, 280, 

384, 454, 456, 460. 
Caffinch, Thomas, 125. 139, 164, 325, 384. 
Caine, Mr. of Boston, 61. 
Camfield, goody, 303. 
Camfield, Mathew, 10, 18, 138, 149, 225, 277, 

302, 314, 315, 319, 369, 387, 404, 408, 412, 414, 

427, 448, 465, 486! 

land granted to, for planting fruit trees, 96. 
Camp, Edward, 109, 139, 278, 453. 
Camp, Goody, 262, 295. 
Campian, Champion, Robert, 28, 42, 87, 138. 
Canoes to be viewed and marked, 157, 211. 
Capital offenders to be sent to New Haven, 130. 
Caroughood, 1, 5. 
Carter, Henry, 139, 411. 
Catchman, Richard, 169. 

Cellars, young men not to live iu by them- 
selves, 70. 
Chadwell, Richard, Mr., 359, 360, 373. 
Chambers, Thomas, 39. 
Chapman, John, 9, 17, 20, 41, 50, 91, 121, 122, 

135, l^rlW, 147, 196, 460. 
Chappell, George, 124. 
Charge, freemans, 19, 20. 
Charge for masters of the watch, 53. 
Charles, goody, 245. 278. 
Charles, John, 17, 29,92, 121, 153,422. 

action against for loss of Mr. Evance's vessel, 

281 ; for contempt of court, 290 ; slander, 298. 
Chatterton, William, 140. 
Cheevers, Ezekiel, 9, 17, 20, 50, 66, 71, 91, 124, 

137, 181, 194, 222, 239, 263, 269, 308, 363, 4-39. 

chosen for the foundation work of the church . 

16 ; schoolmaster. 210 ; deputy for the juris- 
diction court. 274. 
Cheevers, sister, 303. 
Chidsey, John, 139, 384. 

Chimneys to be swept once a month, 121, 212. 
thippei-field, Edward, 18, 75, 77, 122, 123, 138, 

161,261,276,292,380. 

has liberty to make bricks in the plains, 226. 
Chittenden, Mr., of Guilford, 382, 472. 
Church, Francis, 71, 123, 139. 
Church-members only to be free burgesses, 15, 

17, no, 112, 191. 
Clarke, John, 9, 17, 20, 67, 79, 92, 136, 137, 155, 

164, 215, 228, 280,302, 310, 333, 334,364,376. 

interpreter at Indian treaty, 7 ; sergeant, 76 ; 

141 ; desired to take notes of proceedings of 

the court, 225 ; clerk of trainband, 370. 
Clarke, brother, 62. 
Clarke, James, 17, 92, 138, 304, 391. 
Clarke, Jame.s, jun., 141. 
Clarke, Robert, 140. 
Clarke, sister, 303, 304. 
Clarke, Thomas, 138, 173, 177, 234, 329. 
Clay-pits to be laid out as common, 62, 209 ; 

Mr. Davenport has liberty to fence up the 

way to, 160. 
Clements, James, 487, 488. 
Cleverlev, Elizabeth, 77. 
Cockerill, John, 26, 31, 32, 39, 41, 430, 444. 
Coe, Robert, deputed by Wetherstield men to 

treat about purchase of Toquams, 45 ; deputy 

for Stamford, 85, 129. 



INDEX. 



539 



Coefleld, Thomas, 138. 

Coggswell, Robert, 7, 41, 47, 92. 

Cogswell, John, 17- 

College corn, 149, 210, 225, 311, 318, 354, 357, 

382. 
Commissioners for united colonies chosen, 87, 

117. 
Confederation of colonies, commissioners sent 

to effect, 87, 199 ; each plantation to have 

copy of articles of, 97. 
Connecticut, 35, 89, 96, 110, 124, 188, 225, 226, 

298, 357, 419,481, 498, 501 ; New Haven joins 

with, to procure patent, 211. 
Constable, Mr., 50. 
Constable, Mrs., 93, 196. 
Constable, George, 140. 
Contributions, reference to the manner of 

making, 244. 
Cooper, Lowper, John, 10, 17, 50, 93, 94, 125, 

138, 171, 194, 228, 231, 232,261.275.277, 292, 

293, 302, 305, 363, 375, 376, 404, 405', 409, 415, 

419, 426, 431, 444, 446, 447,452, 454, 459,466, 

486, 496, 503, 504. 

to sweep chimneys, 121, 212 ; to be public 

pounder, 406. 
Cooper, sister, 303. 
Coopers ware to be branded, 377. 
Cottou-wool, every family to have a coat of, 121, 

214. 
Council of war appointed, 135, 167, 484. 
Courts for the combination, time of holding, 

70, 113 ; for the plantation, 160, 191. 
Cox, Edward, 24. 
Cox, Joseph, 170. 
Crab, Richard, 128. 
Crane, Crayne, Jasper, Mr., 9, 17, 39, 40, 41, 

43, 44, 47, 49, 57, 58, 61, 62,91, 138, 143, 155; 

156, 161, 164, 172, 179, 196, 215, 231, 232, 261, 

272, 283, 302, 305, 325, 331, 376, 377, 379, 383, 

391, 401, 408, 428, 433, 436, 440, 444, 459, 478, 

495. 

deputy, 173, 354, 381, 456, deputy for the 

jurisdiction, 381, 456, 481. 
Crayne, sister, 303. 
Crooker, William, 351. 
Crowder, Mathew, 123, 125, 153. 

Daniel, Stephen, 140. 

Davenport, John, 1, 5, 9, II, 13, 17, 21, 25, 62, 
64, 91, 160, 184, 242, 267, 3-33, 399, 401, 420, 
433, 467. 

chosen for foundation work of the church, 
16; one of the seven pillars, 20 ; land granted 
to, 42, 95, 195 ; lot to be fenced at common 
charge, 183, 189; Luke Atkinson charged with 
defaming, 279; action of, against Henry Bish- 
op, 392. 

Davenport, John, jun., 140. 

Davenport, Mrs., 303. 

Davis, goodman, brother, 10, 50, 62. 69, 121, 
232,275,302. 

Davis, John, 46, 58, 140. 

Davis, sister, 303. 

Davis, William, 18, 138, 149. 155, 314, 404,430, 
448, 458, 479, 486, 495. 

Dayton, Deightou, Ralph. 18, 50, 139, 162,168, 
172,227,232,430,452. ' 

Davton, Daighton, Samuel, 2, 58, 272, 293. 

Davton, goodman, 303, 320, 321, 326, 351. 

Dearmer, Dermer, Mr., 50, 93, 196- 

Deacon.s, to choose their farms, 43 ; freed from 
watching, 374. 

Delaware Ray, 79, 124, 147, 184. 280. 

plantations to be settled at in combination 
with IS'ew Haven, 56; treatment of Mr. Lam- 
berton and others by the Sweeds at, 106-108. 

Deputies for New Haven chosen. 21, 44. 69, 78. 
85, 119, 125, 148, 156, 171, 274', 3.54, 381, 456 ; 
proposed to choose yearly, 187 ; old to con- 
tinue, and then to be chosen annually, 225 ; 



freed from watching, 374 ; chosen for the ju- 
risdiction, 111, 112, 125, 146, 147, 156, 171, 
227, 274, 354, 381, 456, 481. 

Deputy governor, chosen, 112, 275 ; to give 
governor his oath, 133. 

Dickenson, Thomas, 77. 

Dillingham, John, 90, 133, 138, 151, 423. 

Dimock, Tobias, 282, 286, 299. 

Di.sborough, Samuel, 96, 333, 372, 467, 492. 
chosen magistrate for Guilford, 275. 

Dixon, Jeremy, 9, 17, 41, 44, 50, 93, 196, 444. 
chosen for foundation work of church, 16 ; 
one of the seven pillars, 20. 

DooUtle, Dowlitle, Abraham, 94, 189, 384. 

Dormer, Edmund, 140. 

Downe, John, 140, 267, 399, 

Downing, Elizabeth, 239, 327. 

Downing, Dunning, George, 139, 273. 

Draper, Nathaniel, 366, 421, 450. 
will of, presented in court, 335. 

Duhurst, Roger, 26. 

Dume, Thomas, 328. 

Dun, Thomas, 139. 

Dutch, ship taken out of the harbor by the, 333, 
354 ; prisoners from the, 363, 511 ; set at lib- 
erty, 333 ; desire to go to the Dutch governor, 
361 ; have run away, 413. 

Dutch governor i^istructs Capt. XJnderhill and 
Mr. AUerton to procure the raising of troops, 
116 ; protest from, received, 265, 355 ; letter 
sent to, with a prisoner, 422, 462, 528. 

Dyer, John, 32. 

Eaton, Theophilus, 1, 5, 9, 13, 17, 22, 24, 25, 40, 
44, 46, 64, 91, 121, 127, 129, 167, 170. 329, 438, 
467, 489 ; chosen for foundation work of the 
church, 16 ; one of the seven pillars, 20 ; mag- 
istrate 21, 44, 58, 78; land granted to, 42, 195 ; 
commissioner for 0. C, 87, 96, 117, 275 ; gov- 
ernor, 112, 275 ; takes oath of office and fidel- 
ity, 136 ; freed from paying rates, 457 ; letters 
from, to gov. Kieft, 265 ; to gov. Stuyvesant, 
507, 508, 514, 523, 525, 527, 628, 530, 532, 534 ; 
to gov. Winthrop, 517 ; letters to, from gov. 
Stuyvesant, 512, 522, 626, 527, 531, 633, 535. 

Eaton, James, 140. 

Eaton, old Mrs., 50, 91, 185, 194, 303, 334. 

Eaton, Mrs., 243, 246, 268, 270. 

Eaton, Samuel, (Rev.) 9, 17, 20, 24, 40, 45, 50, 
91. 196, 438. 
Totoket granted to, 40. 

Eaton, Samuel, 140. 

Edwards, Richard, 109, 139. 

Eldred, Mr., of London, 298, 299. 

Eldrcd, Mrs., 60, 93, 94, 95, 196, 427,502. 

Elections, to be held in October, 21, 115, 191. 

Ellcott, Anthony, 140. 

ELl.sey, Thomas, 9. 

Elsey, Nicholas, 17, 91, 122, 1S8, 155, 166, 214, 

296, 302, 411, 458, 482. 
Elsie, goodwife, sister, 252, 304. 

Emery, Robert, 122, 139,232, 257,329,477,489. 
England, John, 163, 294. 
Evance, David, 126, 133, 138, 366. 
Evanco, John, 18, 25, 28, 49, 74, 75. 77, 79, 93, 
137, 151, 173, 178, 196, 219, 241. 250, 274, 291 , 

297, 301, 302, 304, 320. 325, 326, 333, 334,347. 
354, 366, 367, 372, 376, 379, 408, 413, 414, 419, 
421, 425, 429, 438, 449, 453, 458, 462, 477, 480, 
490, 495, 498, 499. 

deputy, 119, 125, 148, 156, 171 ; proposes to 
dig a channel to improve the harbor, 143. 
cellar belonging to Mr. Trobi-idges house 
granted to, 189, 219 ; action of, agaiust John 
Charles for loss of vessel, 281 ; against John 
Charles for slander, 298 ; against Mr. W'ester- 
house for ship Swallow, 467 ; offers to procure 
ammunition for town, 500. 
Excommunicates, unlawful to eat with, 249. 



540 



INDEX. 



Fancy, Fancie, William. 89, 139, 229, 233, 300. 

Fanc}', goodwife, 89, 177, 233. 

Fames, Samuel, 140, 498. 

Farrett's Island, purchase of, offered to the 

town, 67. 
Fees of the court, 216 ; increased, 185. 
Fences, every quarter to appoint committees to 
view, 126, 207 ; surveyors to be appointed for. 
150, 155. 
Fence viewers chosen, 228, 314, 389, 466. 
Fenne, Benjamin. 91. 
Ferry, Frffncis Browne to keep the, 165 ; land 

laid to, 188, 217. 
Finch, Abraham, killed by the Indians, 23. 
Fire-hooks to be provided for the town, 49, 212. 
Fires to burn leaves, &e.. not to be kindled in 

the town, 157, 212. 
Fish, planters may set up wears to catch, 311. 
Fisher, John, 378. 
Ford, goodman, of Windsor, 419. 
Ford, goody, 304. 
Ford, Samuel, 140. 

Ford, Timothy, 17, 32, 92, 122, 138, 232, S03. 
Fornale, Strong, of Boston, 366. 
Forrester, Capt., 516, 521. 
Fowler, sister, 304. 

Fowler, William, Mr., 10, 31, 32, 33, 92, 105, 112 
127, 129, 138, 155, 156, 174, ISl, 267, 275 276 
278, 302, 325, 409, 424, 495. 
chosen magistrate for Milford, 112. 275 ; ser- 
geant, 313; sei-geant of artillery, 382. 
Foxen, 150. 

Frankland, Thomas. 42, 43. 
Free burgesses, church members only to be, 15 

17. 110, 112, 191. 
Freemen, list of names of, 9. 
Freemans charge, 19, 20. 
Free school to be set up, 62, 210. 
French, Thomas. 80, 124. 
Frost, George, 282. 

Fugill. Thomas, 9, 17, 24, 25, 30, 32, 49, 87, 92 
93, 137, 194, 196, 233, 244, 272, 273, 305, 313, 
426, 440, 444 ; chosen for foundation work of 
church, 16 ; one of the seven pillars, 20 ; dep- 
uty, 21 ; public notary, 21 ; secretary, 44, 58, 
78,119, 148, 171; .secretary for jurisdiction, 
112 ; land granted to at West Rock, 60 ; land 
of at West Rock to be mea.sured, 186 ; pro- 
ceeded against for taking in more land than 
his proportion, and for falsifying orders, 221 ; 
deprived of his office, 225 ; forbidden tu sell 
his goods or remove, 260 ; fined for his un- 
righteousness, 262. 
Fuller, Daniel, 38. 
Fuller, Lancelot, 123. 133, 383, 492. 
action of, against Francis Newman and wife 
for slander, 473. 
Fundamental agreement of 1639, 11 ; to be sign- 
ed by all admitted planters. 17 : of the juris- 
diction, 112-116. 
Fyde, Richard, 264. 

Galpin, Phillip, 251, 259, 327, a35, 360, 421, 450, 
477. 

Games, Thoms. 39. 

Gates to be made at end of every street, 24. 

General court for the jurisdiction, how consti- 
tuted, 114. 

General trainings, 160 ; times of, 187, 202. 

Gennings, Nicholas, 88, 105, 122. 

Gernsye, Guernsie, Joseph, 139, 239. .327, 380. 
384. 

Gibbard, WiUiam, Mr., 10, 18, 125, 126, 134, 138. 
143, 149, 151, 186, 221, 233, 263. 267,275, 302, 
336,376,392,418,434,481. 
deputy, 156, 171, 274. 354, 381, 450 ; treasurer, 
381, 457 ; declines but retained, 387. 

Gibbard, Mrs., 303. 

Gibbins, Gibbons. William, 18, 42. 94.138, 145 
303,310.326,378,411,444. 



Gibbons, Gibbins, Henry, 61, 80. 122, 124, 139. 

271, 303, 320, 325, 379, 400, 436. 
Gibbons, Major, 473. 

Gibbs, Gibbes, John, goodman. 9, 18, 44, 126. 
136, 138, 1.51, 232, 233, 302, 325, 404. 458. 
chosen deputy, 274, 354. 
Gibbs, John, hatter, 140. 
Gibbs, sister. 303. 

Gilbert, Mathew, Mr., 9, 17. 24. 25, 31, 32. 41, 
67, 69, 91, 94, 126, 135, 137, 143, 149, 163. 173 
195, 241, 267, 293, 319, 404, 423, 430,441,465, 
473,495. 

chosen for foundation work bf church, 16; 
one of the seven pillars, 20 ; deputy, 21, 44, 
51, 58, 69, 78, 85 ; land granted to, 95. 
Gilbert, Mrs., 89, 303. 
Gildersleeve, Richard, 10. 

deputv for Stamford, 85, 112. 
Glover, Henry, 94, 122, 138, 146, 155, 233, 265, 
303,389,430. ; > > > > 

Godfrey, Joseph, lieutenant, 186. 199, 252, 256, 

288, 299, 337, 366„372. 
Goldam, goodman, 156. 
Goldham, Henry, 4-32. 

Goodanhouse, Samuel, 139, 355, 378, 380, 382. 
419, 429, 453, 470, 472, 480, 499. 
becomes surety for the three Dutch prisoners, 
333 ; desires to be released from his bond, 413. 
Goodman, Mr. Eliz., 80. 

Goodyear, Stephen. 9, 18, 51,-56, 57, 63, 75, 77, 
80.87, 91, 112, 127,137. 142,148, 163,171, 
178, 211, 241, 250, 258, 307, 329, 333,366, 372, 
378, 382, 403, 422. 425, 429, 440, 444, 454, 480. 
492,508. ' . I 

magistrate, 58, 78; to write a letter to Yenny- 
cot, 97 : deputy governor, 112, 129, 275. 
commissioner for U. C, 117, 275 ; licensed to 
brew beer for town, 192 ; letter from, to gov. 
Stuyvesant, 511, 517 ; letter to, from gov. 
Stuyvesant, 513, 520. 
Governor, chosen, 112, 275 ; takes his oath, 1.36. 
Granest, Edward, 487. 

Great guns to be fitted for .service, 121, 136, 168. 
Greene, widow, 50, 92. 194. 
Gregory, John, brother, 154, 301, -302. 352, 358. 
384,426. 

leather sealer, 242. 
Gregory, Henry, of Stratford, 345, 384. 
Gregorj', Juda, 349. 
Gregory, sister, 303, 
Gregson, Hannah, 474. 
Gregson, Mrs., 303, 430. 
Gregson, Rebecca, 475. 

Gregson, Thomas, 9, 18, 25, 29, 31, 33, 46, 59, 
75, 79, 80, 91, 96, 112, 120, 124, 127, 137, 151, 
152,170,174,258,329. 

truckmaster, 43; deputy, 44. 51, 58, 69,78, 
86 ; treasurer, 51, 78 ; commissioner for U. C, 
87, 96, 117. 

magistrate, 112, 129, 275 ; land granted to, 
142, 144, 197 ; agent to procure patent, 149, 
211. 

inventory of, brought into court, 341. 
Griffin, John, 123, 138, 285, 455. 
Griffen, Joshua, 139. 
Grove, Groves, goodman, 184, 351. 
Guernsie, John, 265, see Gernsye. 
Guilford, 110, 118, 129, 130, 229, 281, 345, 348. 
420,422.472,492. 

named, 97 ; Mr. Leete and Mr. Disborough 
chosen deputies for, 112 ; court constituted 
at, 131 ; Mr. Disborough chosen magistrate 
for, 275 ; action of, against John Ceffinch, 371, 
431 ; against Thomas Standish, 497. 
Guillam, James, 139. 

Halbidge, Holbridge, Halbich, Arthur, 13, 17, 
32, 39, 46, 56, 92. 138, 153. 170, 252, 302, 364, 
370. .=->.,. 

Halbich, widow. 383, 431. 



INDEX. 



541 



Hall, Francis, 17, 57. 60, 92, 139, 356, 365, 386, 

403, 436, 440. 
Hall, goodman, 7". 
Hall, Isaac, 140. 

Hall, Job, 139, 242, 253, 338, 400, 426. 
Hall, John, 18, 50, 94, 135, 138, 142, 225, 321, 

369, 378, 379, 390, 391, 397, 415, 417. 
Hallaway, Andrew, 140. 
Hames, goodm.in, 50. 
Harbor, proposition to improve the, 143. 
Harding, WilUam, 66, 71, 73, 84, 151. 

whipped and sent out of the plantation, 81. 
Hardy, Wilham, 276. 
Harrison, goodman, 164. 
Harrison, Kichard, 139. 
Harrison, Thomas, 140. 
Hart, Mr.. 329, 522, 523. 
Hart, Thomas, 169. 
Harwood, Edward, 58. 
Harvie, goodman, action of, against Mr. Pell, 

341. 
Haward, Heward, Heywood, James, 125, 138, 

261, 306, 339, 397, 479. 

inventory of, presented in court, 480. 
Hawkins, William, Mr., 91, 142, 502. 
Hazard's State Papers, error in, corrected, 383. 
Hegbe, 493. 
Herriman, Harriman, John, 139, 230, 267, 302. 

408,429,440,446. 

to keep the ordinary, 425. 
Hichcock, John, 141. 
Hickocks, Mr., 57, 91. 
Higginson, Anne, 30. 
Higginson, Charles, 30, 393, 474. 
Higginson, Francis, 30. 
Higginson, John, 29, 30, 432. 
Higginson, Mrs., 49, 93, 161, 196, 304, 473. 

inventory of estate of, to be taken, 28 j distri- 
bution of estate of, 29. 
Higginson, Neophitus, 30. 
Higginson, Theophilus, 18, 30, 90, 109, 125, 135, 

138, 145, 229, 291. 294, 302, 338, 380. 
Hill, Benjamin, 139, 232, 264, 398. 
Hill,Johu, 122, 138, 163. 

inventory of. presented in court, 362. 
Hill, Robert, 13, 17, 50, 93,109,138,194, 277, 

303,362,389,426,430. 
Hill, Mr., of Windsor, 80. 
Hitchcock, Kdward, 122, 139, 264, 274. 
Hitchcock, goodman, 188, 319. 
Hitchcock, Luke, 1.38. 
Hitchcock, Mathew, Mathias, 17, 60, 79, 90, 92, 

93, 122, 123, 125, 138, 303, 356, 365, 370, 389 

411,477,496. 
Hitchcock, Mr., 502. 
Hithfield, Mathias, 141. 
Hodkeis, Hogkines, Samuel, 301, 318, 329, 438, 

4.56,487. > » I 1 , 

Hogg, Thomas, 140, 295, 378. 
Hogs, to be kept out of town, 52, 240 ; damage 

done by, 154 ; to be marked, 491. 
Holt, William, 94, 109, 139, 262, 378, 390, 415, 

444. .Ill, 

Hooke, Mr. [William,] 174, 308, 324, 417. 

Hooke, Mrs.,303. 

Hooke, William, jun., 3.52. 

Hopkins, Mr., 24. 

Hopper, Daniel, 140. 

Hoskins, Samuel, 75, 77, 121, 123, 125, 139. 

Hough, Mr., 30. 

House lots, committee appointed to dispose of, 

How, Daniel, Capt., 239, 282. 

House, Ephraim, 140. 

Howe, Jeremiah, Jeremy. 94, 140. 240, 308 422 

444, 462, 495, 501, 528.' 
Howe, Nathaniel, 141. 
Howe, Zachariah, 141. 
Hubball, Richard, 139. 
Huckly, Thomas, 141. 



Hudson, John, 140. 

Huilt, Mr., 56. 

Hull, Andrew, 9, 18, 44, 92, 124, 184, 430. 

Hull, brother, 86. 

Hull, goody, 304. 

Hull, Jeremiah, 140, 487. 

Hull, John, 140. 

Hull, Richard, 9, 17, 20, 91, 94, 137, 155, 487, 

488, 498. 
Humerston, Henry, 140, 149, 470, 499. 
Hunt, goodman, 84. 
Hunter, John, 139, 168. 

will of, presented in court, 439. 
Hurd, John, 184. 
HurndeU, John, 133, 139. 
Hutchinson, John, 139. 

lies, Thomas, 125, 138. 

lies, William, 122, 294, 310, 345, 364. 
inventory of, brought into court, 300. 

Indians, articles of agreement with, 1,5; plant- 
ers not to purchase land from, 27, 200 ; not to 
be furnished with arms, &c., 60, 206 ; men to 
go against when sent, 78 ; men sent to join 
with men from Conn., against, 110; Dutch 
desire soldiers to be raised for aid against, 116 ; 
man murdered by, between Stamford and 
Fairfield, 134 ; woman murdered by, at Stam- 
ford, 135, 146 ; rumors and tumults of, 168 ; 
troubles with, at Stamford, 481. 

Inhabitants to take oath of fidelity, 130. 

Inn, land to be laid out for, 48,209 ; frame pro- 
vided for, to be sold, 186, see ordinary. 

Ives, sister, 304. 

Ives, Eves, WilUam, 9, 18, 28, 61, 92, 138, 155, 
232, 303, 338, 387, 431, 477. 
will of, presented in court, 410. 

Jackson, John, 140, 320, 386. 

James, Thomas, Mr., 9, 24, 35, 40, 43, 92, 154, 

197, 226, 228, 23.2, 302, 426, 487. 
James, Mrs., 304. 
Janes, Jeanes, William, Mr., 18, 91, 138, 314, 

381, 426, 444, 487, 498. 
Jeffery, sister, 304. 
JefTries, Thomas, 9, 17, 20, 91, 133, 137, 165, 283, 

302, 312, 351, 455. 

sergeant, 76; sergt. of artiUery, 1.58. 
Jenner, John, 29. 
Jt .veU, Richard, 77, 80. 
Johnson, goodman, 294, 319, 327. 
Johnson, goody, 303. 
Johnson, Jeremiah, 140. 

Johnson, John, 13, 17, 50, 59, 93, 140, 196, 272. 
Johnson, Mr., 31. 
Johnson, Richard, 140. 
Johnson, Robert, 59, 138, 155, 163, 272, 273 

301, 302, 404, 466, 486, 487, 503. 
Johnson, Simson, 515. 
Johnson, Thomas, 31, 39, 139. 
Johnson, WilUam, 94. 
Jones, John, 139,387. 
Jordan, Mr., 472. 

attorney for town of Guilford, 371, 431, 497. 
Judson, Jeremiah, of Stratford, 444. 
Judson, William, 139, 184, 321, 327, 339, 375. 

403, m, 465, 479, 486, 495. 
Jurisdiction, deputies chosen for. 111, 125, 146 

147, 156, 171, 227, 274, 354, 381, 456, 481. 

constitution of, 112-116 ; court, when to be 

held, 113. 

Keely, Keylye, Edward, 139, 411. 

Kimber, John, 139, 261, 262. 

Kimberley, Abraham, 474. 

Kimberley, Nathaniel, 484. 

Kimberley, sister, 304. 

Kimberley, Thomas, 9, 17, 24, 28, 50, 82, 91, 

122, 137, 144, 183, 194, 254, 302, 314, 315, 439, 

452, 460, 462, 479, 488. 



542 



INDEX. 



corporal, 76 ; marshal! for jurisdiction, 112. 

276 ; marshall, 119, 148, 274, a54, 381, 457. 
King, George, 293. 
Kings arms to be set up, 3G9. 
Kitchen, Mr.. 325, 422. 
Knapp, Roger, 7,123, 125,139, 142, 147,260, 

262, 310, 317, 327. 
Knell, Mr., 326. 

Knight, John, 140, 403,420, 440, 477, 487. 
Knowles, Alexander, 184. 
Knowles, Thomas, 138, 181, 225, 232, 262, 303, 

369. 
Knowles, widow, goody, 94, 304, 883, 501. 

Labor, rates for wares and, 35, 52 ; penalty for 
taking more than the appointed, 44 ; laws 
concerning, repealed, 61. 

Laborers may be impressed for public works, 86. 

Lacke, Mr., of Boston, 299. 

Ladder, every house to be provided with, 52, 
212. 

Lambert, John, 140. 

Lambert, Richard, 139, 153. 

Lamberton, George, 9, 31, 32, 33, 40, 41. 81, 87, 
91, 121, 139, 143, 152, 172, 180, 329, 503. 
imprisoned by the Sweeds at Delaware Bay, 
106 ; deputy for jurisdiction. 111, 173; deputy, 
119, 125, 148; land granted to, 218; inventory 
of, presented in court, 361. 

Lamberton, Mrs., 89, 303, 343, 356, 361. 

Lamson, Lampson, Thomas, 10, 82, 122, 125, 
138, 231, 277, 292, 303, 312,317, 378, 389, 390, 
400, 504. 

Lampson, sister, 227, 414. 

Lands, first division of, 26, 192, 195 ; not to be 
purchased of the Indians by planters, 27, 200; 
second division of, 43, 193 ; liow divided, 27, 
192; not to be let to strangers without allow- 
ance, 40 ; rates for, 43, 185, 193. 

Larebe, Grenfield, 373. 

Larebe, Mr., 838. 

Larremore, Larrymore, George, 50, 94, 124, 135, 
1.38, 164, 388, 424. 

Laud, Lord, Thomas, 56, 93. 

Law, Ricliard, 10. 

Lawrence, John, 84. 

Lawrence, Thomas, 297. 

Lawrensou, John, 122, 310, 317, 328, 363, 366. 

Lea, Lee, Robert, 109, 120, 122, 139. 

Leaclv, Edmund, Mr., 151, 16l, 173. 199. 350, 
366, 421, 436, 439, 441. 450, 452. 460. 

Leach, Mrs., 242, 253. 
trial of, 256. 

Leake, Leeke. Phillip, 94, 122, 139, 156, 183, 231, 
241, 275, 277, 284, 303, 344, 389, 408,-424, 427, 
450, 457. 
corporal, 160 ; desired to keep an inn, 240. 

Leather sealers chosen, 242, 356, 389. 

Leaver, Thomas, 50. 

Leete, WiUiam, 96,472, 492. 

deputy for Guilford, 129; secretary for juris- 
diction, 275 : attorney for town of Guilford, 
371. 431, 497.' 

LendaU, Lindall, Lindoll. Henry, 10, 109. 134, 
136, 138, 164, 215, 227, 228. 233, 264, 302,314, 
354, 375, 376, 378, 404, 448; 465, 466,486, 489, 
495. 

Lendall, goody, 304. 

Lewis, Mr., of London, 152. 

Line, Loyne, Loynes, Lion, Henry, 109, 1-39, 
326, 412. 

Lines, Ralph, 139, 271, 285. 

Ling, Benjamin, 17, 28, 41, 44, 89, 93, 123, 138, I 
225, 302, 387, 388, 389, 403, 411, 448, 459, 465, 
466; 495, 501. 

Ling, sister, Mrs., 304, 3-14. I 

Linlev, Francis, 176. 

Linley, John. 139, 176. 

Livermore, John, 9, 18, 44, 92, 138, 151, 167, 
189, 230, 239, 271, 276,302, 307, 313, 31^, 428, 
436,444. I 



Livermore, sister, 304. 

Lockoman, Govert, 522. 

Love, James, goodman, 7, 29. 

Lovell, John, 77. 

Lovell, Kichard, 327. 

Low, Andrew, 9, 13, 17, 35, 50, 93, 94, 95, 137, 

164, 194, 303, 314, 437, 449, 450, 465. 
Low, Andrew, jun., 38, 46. 56, 89. 
Lowell, Richard, 122. 
Lucas, Mr., 49,93, 94, 95, 190. 
Lucking, goodman, 56. 
Ludlow, Mr. [Roger,] 74. 

letter received from, 134 ; retains a fugitive, 

380. 
Lupton, Kester, 498. 
Lupton, Thomas, 138, 147. 

Magistrates, chosen, 21, 44, 58. 78, 112, 275 ; to 
keep book of warrants, &c., 83, 216 ; court of, 
when held, 113. 
i Malbou, Richard, 9, 17, 28, 32, 50, 61, 66, 72, 
81, 84, 91. 94, 95, 105, 121, 126, 129, 137, 142, 
143, 146, 150, 160, 170, 179,181, 183,196, 226, 
242, 250, 257,292, 302, 305, 311, 329, 338, 366, 
368, 369, 372, 377, 384, 398, 420, 452, 453, 488. 
chosen for foundation of church, 16 ; deputy, 
69, 78, 85, 119, 125, 148, 156, 171 ; to order the 
watches during capt. Turner's absence, 70 ; 
treasurer, 85, 119, 148, 156 ; deputy commis- 
sioner for U. C, 117, 118 ; deputy for juris- 
diction, 125, 146, 147, 156, 171 ; captain of 
artillerj', 158 ; captain in capt. Turner's ab- 
sence, 187 ; magistrate, 275. 

Malbon, Martha, 84. 

Malbon, Mrs., 269, 303. 

Males to be numbered, 96 ; to be provided with 
arms, 96, 131, 201. 

Mallcry, Peter, 139, 4a5. 

Man, Susanna. 51. 

Manchester, Thomas, 26, 31. 

Mansfield, Joseph, 140. 

Mansfield, Moses, 141. 

Mansfield, Mr., 91, 276, 317. 

Mansfield, Richard, 41, 80, 124, 125, 138, 155, 
188, 274, 302, 382, 430, 437. 

Mansfield, sister, 304. 

Mannukatuck, 42, 96, 199. 
named Guilford, 96, 199. 

Marden, Morden, Richard, 139, 267, 268, 270, 
281. 

Markets or fairs to be held annually, at New 
Haven, 130. 

Market place to be cleared, 159, 214. 

Marsh, Hannah, 180, 235. 

Marsh, Jonathan, 94, 122, 125, 139, 378, 390, 
397,424,492. 

Marsh, Samuel, 140, 229-, 233, 270, 271. 272, 
378, 474. 

Marshall, Mr., 50, 80, 93. ISW. 

Marshall, Thomas, 139, 486. 

Marshall, chosen, 21, 44, 58, 79, 119, 148. 171, 
274, 354,381, 457; things found to be deliver- 
ed to, 79, 214 ; salary of, 133 ; to cry lost 
things, 140, chosen for jurisdiction, 112,276. 

Martin, Robert, 94, 138, 154, 282, 286, 302. 387. 
396, 408, 449, 460. 

Martiu, Samuel, 63, 64. 

Martin, sister, 304. 

Mascall, John, 340, 398. 

Mason, John, 46, 80,124. 

Ma8sachu.<!etts Bay, 87, 152, 250. 270, 283, 305. 
398. 464, 494. 

Massam, John, 133, 139. 

May res, Mr., 50,93, 196. 

Mead, goodman, 75. 

Meadows, committee appointed to view, 41 ; 
oast, divided, 42, 49, 194. 

Meaker, Mecar, Robert, 139, 176, 486. 

Meeaker, Mecar, William, 122, 139, 176, 273, 293. 

Meaks, Meeks, Thomas, 125, 139, 399, 400, 435. 
469, 480, 488. 



INDEX, 



543 



Measurer for corn appoiuted, 33, 61 ; order for 

repealed, 242. 
Measures to be fitted to standard, 142 ; to be 

marked, 144. 
Mecs, Ellis, 140. 

Meeting house to be built, 25 ; soldiers to re- 
pair to on alarm, 78 ; built defectively, 145 ; 

men to be seated in, 189, 277, 302 ; to be 

viewed for repairs, 304, 388, 423, 425. 
Meeting of quarters, bow called, 4'J2. 
Meeting, men lo come armed, 40. 
ile^-gott, goodman, 419. 
Meggs, John, 139, 154, 161, 163, 280, 293, 301, 

302, 312, 314, 381, 384, 413, 415, 420, 423, 437, 

440, 442, 466. 

action of, against Henry Gregory, 345 j cho- 
sen clerk of train band, 382. 
Meggs, goody, 303. 
Meggs, Mark, 236, 349. 
Meggs, Vincent, 271, 317. 
Melyn, Jacob, 140. 
Melyu, Mr., 140. 
Merriman, Nathaniel, 18, 50, 94, 138, 242, 415, 

446, 459, 460, 602. 
Merriman, Kichard, 18. 
Messenger, Andrew, 18. 
Messutunck, 22. 

Metcalf, ftledcalf, John, 122, 151. 
Metcalf, Medcalf, Stephen, 18, 50, 69, 105, 126, 

138, 151, 157, 164, 176, 235, 300. 
Mewhewbato,22. 
Miles, Myles, Richard, 9, 31, 41, 59,91, 136, 138, 

155, 161. 166. 177, 179, 189, 227, 267, 272, 292, 

300, 302, 305, 307, 319, 329, 330, 375, 376, 387; 

401, 408, 410, 428, 434, 466, 479, 481, 489, 495. 

surveyor of roads and bridges, 148 ; deputy, 

381, 456 ; clerk of artillery, 382. 
Miles, Kichard, jun., 140. 
Miles, Samuel, 140. 
Miles, sister, goodv, 303, 331. 
Milford, 112, 118,"l27, l29, 130, 305, 323, 326, 

351, 411, 426, 492. 

admitted to jm-isdiction, 110, 199 ; magis- 
trates chosen for, 112, 275. 
Mill otfered to iown, 74 ; no other to be built. 76 ; 

men pressed to mend, 172. 
Mill River, proposition to tui-n, 148. 
-Mitchell, Mr., 69. 

—Mitchell, Thomas, 18, 50, 138, 156, 321, 389, 428. 
•~4Mitchell, brother, 189, 232, 305. 
Momaugiu, 1, 5. 

Monthly court, time of holding. 160, 191. 
Moody, John, 39. 
Moore, Mrs., 242 ; trial of, 253. 
Morell, Morall, Henry, 94, 138, 312, 369, 378, 

415, 459. 499, 503. 
Morris. Thomas, 18, 50, 61, 94, 95, 138, 161, 293, 

334, 372, 382, 387, 389, 424, 460, 481, 498. 
Mosaic law, see word of God. 
Mosse, John, 9, 17, 29, 32, 92, 125, 137, 139, 162, 

228, 232, 237, 242, 261, 298, 303, 384, 389, 390, 

422, 430, 434, 449, 461, 482. 

corporal, 76. 
Mosse, goody, 304. 
Mould, Isaac, 139, 176. 
Moulenor, MuUyner, Thomas, 28, 29, 32, 42, 47, 

122, 123, 153, 259, 281, 294, 369. 
Moulthrop, Mathew, 10, 18, 76, 92, 138, 162, 314, 

317, 389, 430, 477. 
Moulthrop, Mathew, jun., 140. 
Mun.son, Thomas, 9, 18, 32, 35, 51, 61, 94, 95, 

138. 144. 155, 160, 165, 188, 206, 214, 230, 302, 

304, 334; 371,376, 378, 388, 390, 391, 420, 424, 

425, 428, 439, 456, 459, 466, 481, 486,495, 501, 

502. 

sergeant, 76 ; sergeant of artillery, 158. 
Mui^on, sister, 304. 
Murder, trial of Nepaupuck for, 22. 

Nash, 9 ; goodman, 49 ; brother, 82, 239. 



Nash, John, 10, 18, 50, 69, 138, 177, 228, 277, 
295, 302, 311, 317, 371, 411, 479. 
corporal, 76 ; sergeant, 141 ; sergeant of artil- 
lery, 158, 382. 

Nash, Joseph, 10, 95, 139, 171, 302, 411, 427. 
corporal, 313. 

Nash, old sister, 304. 

Nash, Thomas, 10, 18, 40, 91, 138, 144, 149, 178, 
196, 228, 302, 306, 466, 486.' 

Nash, Timothy, 140. 

Neck, to be planted for seven years, 26 ; laid for 
pasture, 48 ; to be a stinted common, 82, 157, 
197 ; committee chosen about fencing, 125 ; to 
be used for sheep pasture, 318 ; to be cleared, 
463. 

Nepaupuck, trial of for murder, 22-24. 

Nettleton, Siuuuol, of Totoket, 348. 

New Haven named, 40 ; annual fairs to be held 
at, 130 ; constitution of jurisdiction of, 112- 
116 ; difference of, between Totoket and Mil- 
ford, about bounds, 492. 

Newman, Francis, 9, 17, 35, 41, 50, 61, 62, 93, 
123, 126, 138, 142, 146, 150, 176, 187, 196, 231, 
236, 239, 263, 267, 275, 292, 302, 314, 321, 336, 
375, 376. 383, 390, 392, 401, 408, 421, 436, 438, 
459, 466, 495. 

ensign, 76 ; surveyor of roads and bridges, 148; 
deputy, 156, 171, 274, 364, 381, 466 ; lieuten- 
ant of artillery, 168 ; desired to take notes of 
the court proceedings, 326 ; to act as secreta- 
ry in absence of Rich. Perry, 304 ; deputy for 
jurisdiction, ^54, 456, 481 ; secretary, 364, 381, 
457 ; action of Lancelot Fuller against wife of, 
for slander, 473. 

Newman, Richard, .50, 122, 138, 145, 261. 

Newman; Robert, 9, 12, 15, 17;24, 41, 61, 62, 67, 
69, 87, 93, 109, 120, 143, 157, 173, 195, 241, 
307, 319, 368, 372, 377, 379, 397, 404, 409, 462, 
469, 492. 

chosen for foundation work of church, 16 ; 
one of seven pUlars, 20 ; deputy, 21,44, 51,58; 
exempted from attending general courts, 157 ; 
from paying rates, 457. 

Newman, Mrs., 303. 

Newman, William, 64, 66. 

Newton, Edward, 139. •-. 

Newton, Thomas, of Fairfield, 299. 

Nichols, Adam, 9, 18, 35, 50, 61, 121, 134, 138, 
271, 276, 303, 314, 370, 396, 400, 436. 

Nichols, sister, 304. 

Noris, Mr.,340, 398. 

North, Thomas, 138, 151. 

Norton, James, 124. 

Norton, Mrs., of Charlestown, 180. 

Notary public, Thomas Fugill chosen, 21. 

Oath, forms of approved, 130; forms of, 136, 137 ; 
of fidelity administered to planters, 137-141. 

Obolus, signification of. 35. 

Offhening, Cornelius, 141. 
.^gden, John, 178. 

Ollard, Sarah, 478. 

Orders of lasting nature to be viewed, 166 ; com- 
mittee report completion of the work, 185, 
242. 

Ordinary, William Andrewes keeper of, 166, 
209, 376; proposition to set up another by the 
water-side, 167 ; Phillip Leeke desired to keep, 
240; wine to be drawn only at, 273 ; John 
Herriman and bis wife to keep, 425. 

Osborne, goodman, 39, 86, 87, 232, 302, 361. 

Osborne, goody. 304 ; sister, 303. 

Osborne, Jeremiah, 140, 264, 478, 488. 

Osborne, Richard, 17, 46, 92, 138, 279, 303, 309, 
315, 319, 321, 322, 326, 431,448. 

Osborne, Thomas, 18, 92,-138, 264, 308, 314. 488, 
496. 

Owen, John, 79, 81, 1.35. 

Oystershell field to be let, 62, 216 ; tenants of, 
94 ; disposed of for public advantage, 404. 



544 



INDEX. 



Paine, WilUam.O*, 139, 156, 173, 188. 225, 242, 
309, 310, 321, 358, 363, 364, 371, 378, 397, 415, 
458,501. 

Palmer, Michael, 109, 139, 170, 261, 322. 

Piudy, George, 135, 140. 

Parker, Edward, 123, 138, 251, 260, 262, 279, 
324, 405, 430, 497. 
trial of, for slander, 257. 

Parkman, Parkmore, Klias, 38, 229. 

Parliament to be applied to for patent, 149, 211; 
letter received from, 414. 

Parmele. John, of Guilfoi-d, 348. 

Parrott, Francis, 24, 197. 

Parsons, Persons, Robert, 138, 152, 153, 359, 
306, 436, 438, 452, 455, 465. 

Patent, Mr. Gregsou appointed agent to pro- 
cure, 149, 211. 

Patrick, Capt. Daniel, murdered at Stamford, 
127. 

Patteson, Edward, 18, 92, 138, 152, 303. 

Patteson, sister, 304. 

Paule, Daniel, goodnian, 92, 105, 125, 138, 273, 
282, 302. 

Pauling, Benjamin, 50. 

Pawgassett, 74. 

Pawle, Benjamin, 18. 

Pawquash, whipped for blasphemy, 262. 

Payne, Florence, of Vii-ginia, 170. 

Peacock, John, l8. 

Pearce, Mr., 50, 74. 126, 183, 194, 214, 215, 260, 
470. 

offers to teach children writing and arithme- 
tic, 156. 

Peek, brother, 82 ; chosen corn measurer, 51 ; 
goodman, 50. 

Peck, Ilenrv, IS, 94, 138, 168, 274, 369,389, 397, 
415, 453, 469, 478. 486. 

Peck, Joseph, 94, 139, 141, 189, 274, 397, 411, 
456. 

Peck, VwlUam, 9, 18, 44, 92, 94, 138, 144, 184, 
302, 399, 418, 428, 430, 436. 

Peck, sister, 304. 

Pieces of eight to pass at five shillings, 86, 211. 

Peirce, Mark, 18, 93, 109, 138, 164, 302. 

Peirse, Daniel, 372, 467. 

Pell, Mrs., 442, .see Brewster. 

Pell, Thomas, 77, 80, 81, 161,163, 178, 237, 267, 
276, 279, 299, 302, 321, 334, 335, 341, 356, 359, 
362, 366, 375, 392, 402, 420, 436, 455. 

Pennuigton, Ephraim, 94, 138, 405. 

Perkins, Edward, 140. 

Pert, William, 261, 324. 

Pery, goodman, 398. 

Pery, goody, .339. 

Pery, Mary, 258, 476. 

Pery, Rlrs., 303, 416. 

Pery, Richard, 9, 17, 26, 28, 39, 41, 44, 50, 61, 
62, 77, 91, 125, 134, 138, 141, 145, 185, 196, 228, 
259, 264, 302, 320, 327, 333. a34, 338, 363, 369, 
373,413,415,488. 

desired to take notes of court proceedings, 
225; secretary, 230, 274; action against Ilenry 
Bishop, for slander, 268 ; has liberty to go a 
voyage, 304, 354. 

Pigg, Robert, 18, 46. 50, 61, 94, 138, 155, 162, 
229,415,419,4.39. 

Pike, Mr., of Unkaway, 151. 

Pikes to be provided, 214. 

Piket, Michael, 507. 

Plantation court, time of holding, 160, 191 ; 
powers of. 113, 192. 

Planter.s to give in number of their families and 
estate, 27, 192 ; list of, 91 ; oath of fidelity ad- 
ministered to, 137-141 ; to be present at gen- 
eral courts, 213. 

Plat, goodman, 190, 232. 

Piatt, Richard, 92, 307, 452. 

Plume. Mrs. ,397, 401. 

Plume, John, 397,401. 

Plume, Samuel, 397. 401. 



I Pococb. Mr., 49, 79, 196. 
Ponderson, Punderson, John, 9, 17, 41, 49, 60, 

93, 94, 137, 196, 238, 302, 408, 482. 

chosen for foundation work of church, 16 ; 

one of seven pillars, 20. 
Ponderson, Punderson, sister, 303. 
Poore, Margaret, 105. 
Potter, brother, 109, 183 ; goodman, 32. 
Potter, John, 9, 13, 17, 92, 140, 262, 279, 497. 
Potter, Joseph, 140. 
Potter, widow, 92, 247. 
Potter, sister, the midwife, 304. 
Potter, William, 17, 92, 122, 138, 303, 314, 325. 
Pounds to be made, 82. 
Powell, John, 18. 
PoweU, Thomas, 50, 93, 122. 138, 155, 194, 302, 

404, 430, 436, 441, 456, 495. 
Powell, sister, 304. 
Preden, James, 92. 
Preden, Peter, 92. 
Preston, Edward, 1.39, 301. 
Preston, goodman, 10 ; brother, 96, 183. 
Preston, llackeliah, 141. 
Preston, Jehiel, 141. 
Preston, Robert, 139, 301, 303, 389, 399, 4-38, 

481. 

leather sealer. 356. 
Preston, sister, 86, 304, 323. 
Preston, William, 17, 81,91, 121, 1.33, 143, 2.33, 

244, 257, 302, 311, 314, 319, .3.54. 

will of, presented in court, 223. 
Priden, Mr.,152. 
Pringle, William, 140. 
Proute, John, 29. 

Quesaquauch, 1, 5. 

Quick, goodman, 46, 74. 

Kates, ordered, 25, 40, 83, 181, 230, 310 ; how 
paid, 60; committee appointed to consider 
new way of, 448; Massachusetts law for, adopt- 
ed, 494 ; committee chosen for, 495 ; for lands, 
43, 185 ; for houses, 502 ; for wares and labor, 
35, 52 ; penalty for taking more than the ap- 
pointed, 44 ; laws concerning, repealed, 6l ; 
upon the jurisdiction, 97, 118, 482. 

Rawse, George, 141. 

Raycor, Thurston, 10, 127, 128. 
constable for Rippowams, 58 ; magistrate for 
Stamford, 85, 112, 129. 
letters received from. 118, 135. 

Reader, Reeder, John, 17, 28, 31,51, 92. 

Reeks, Stephen, 337, 467. 

Rhode Island, 246, 360. 

Rippowams, 69. 
Thurston Raynor chosen constable for, 58 ; 
named Stamford, 69. 

Robinson, Thomas, 122, 139, 151, 161, 163, 176, 
222, 233, 264. 
charged with removing landmarks, 174. 

Robin.son, Thomas, jun., 139. 

Rose, Robert, 401... . / v^ 

Kow,Mathew, 109, 125, 134,139,260, 411.— • -' 

Rowe, Owen, 39, 40, 50,.91, 94, 129, 164, 196, 427. 

Royes, goodman, 350. 

Rudd, Jonathan, 123, 133, 138, 258. 

Rudderford, Rutherford, Rotherford, Henry, 
92, 139, 185, 302, 326, 338, 408. 450, 477. 

Rutherford. Sarah, 301 ; sister, 304 ; Mrs., 436: 

Russell, James, 18, 93, 138. 160, 302, 430. 459, 
487. 

Russell, Mr., of Charlestown,152. 

Russell, Mrs., 269 ; sister, 304. 

Russell, William, 18, 50, 61, 94, 138, 146, 168, 
335,378,431.502. 

Sabbath, law against breach of, 358 ; prosecu- 
tion for do., 337. 
Saltingston, Mr., 74. 
Sassacus, 22. 
Saule, Thomas, 26, 28,41, 145. 



INDEX, 



545 



Saybi'ook, vessel cast away at, 281. 

School, free, to be set up, 62, 210. 

Scriptures, declared to hold forth a perfect rule, ' 
12, 21 ; to be the only rule, 69, 1.30, 191. ; 

Seaman, Caleb, 271,276. i 

Seating people in the meeting house, order of, 
302. 

Seckett. Sackett, John, 56, 139, 271, 300, 307. 

Secretary, chosen, 21, 44:, 58, 78, 119, 148, 171, 
230, 274, 354, 381, 457 ; to keep book of alien- 
ations, 83 ; salary of, 182 ; Thomas Fugill de- 
prived of office of, 225 ; chosen for jurisdic- 
tion, 112, 275. 

Seely, Nathaniel, 232, 308. 

SeelV, Robert, 9,17 20, 25, 26, 31, 41, 58, 64, 66, 
91, lo5, 124, 136, 142, 143, 146, 1-50, 161, 164, 
172, 175, 222, 226, 276, 292, 300, 302, 305, 330,^ 
851, -35.5, 369, 376, 384, 404, 408, 418, 421, 428, 
446, 495, 500, 503 ; marshall, 21, 44, 58, 79 ; 
lieutenant, 76 ; lieutenant of artillery, 158 ; 
leather sealer, 242, 356 ; has le.ave to go to 
England, 275 ; captain of artillery, 382 ; de- 
sires to resign lieutenancj', 457, 461, 466. 

Seelv, sister, 303. 

Sellick, Mr., 366, 421, 450. 

Sequin, 5. 

Sergant, Jonathan, 138, 347. 

Seven pillar.s chosen, 20. 

Shampishuh, 1, 5. 

Shearman, Daniel, 141. 

Sheath, [Sheaf] Jacob, deputy for Guilford, 129. 

Sheep, keeping of, 148, 167, .318, 461. 

Ship Fellowship, help desired to launch, 273 ; 
feofees of, 283, 331 ; freed from rates, 499. 

Ship Swallow, adjudged in Virginia to the 
mariners, 467. 

Ship taken out of the hax'bor by the Dutch, 3-33, 
508. 

Shirman, goodman, 9, 44, 184. 

Shirman, John, deputy for Milford, 112. 

Shirman, old father, 52. 

Shirman, widow, 92. 

Slooper, Nicholas, 477, 488. 

Slow, William, 138. 

Slowson, George, charged for escape of murder- 
er of Capt. Patrick, 127. 

Smith, Elizabeth, 242, 253, 259. 

Smith, George, 18, 8<i? 92, 133, 297, 303, 310, 
317, 448, 502. 

Smith, Nehemiah, 172, 182, 318,460. 
desires land to keep sheep, 148, 260. 

Smolt, Smoolt, Richard, 267, 303. 

Smyth, Abraham, 61, 427. 

Smyth, Francis, 123. 

Smyth, goodman, 136. 

Southold, see Yennycot, plantation of, to be 
made over to them, 463. 

Southwood, Obadiah, 162. 

Sparkes, Richard, 339. 

Speede, John, 271, 279. 

Spencer, George, 29, 31, 32, 33. 
trial of, for beastiality, 62-73. 

Sperry, Richard, 122, 138, 378. 

Spinnage, Spenning, Uumphrey, 26, 28, 41, 140. 

Squadrons, one of the, to come armed to the 
• meeting, 119, 203. 

Stallion, Stolyon, Mrs., 56, 80, 147, 174, 186, 
199, 241, 307. ■ 
accused of extortion, 175. 

Stolvon, Abraham, 139. 

Stollon, Mr., 174. 

Stamford, 45, 86, 97, 110, 118, 127, 129, 130, 134, 
199, 448, 532. 

named, 69, 199 ; trouble with Indians at, 69, 
79, 119, 135, 182 ; constable chosen for, 78. 
lettersj-eceived from magistrate of, 118. 

Standish, Thomas, of Wethersfield, action of 
town of Guilford against, 497. 

Stanton, Thomas, 481 ; interpreter, 1, 5. 

Stevens, Anthony, 72, 168, 170. 

69 



Stevenson, Thom.is, 1.52. 
charged for escape of murderer of Capt. Pat- 
rick, 127. 

Stewart, James, 26, 87, 122, 123, 125. 260, 261. 

Stiles, Mr., of Connecticut, 124. 

Stone, Mr., 473. 

Stonell, Henry, 92. 

Stuyvesant, Peter- 
letters to, 507, 508, 509, 511, 514, 523, 525, 
527, 528, 530, 532, 534. 

letters from, 512, 513, 522, 526, 527, 531, 533, 
535. 

Sugcogisin, 1, 5. 

Surveyors of i-oads and bridges chosen, 148,275 ; 
to be continued, 171. 

Sutton, Ambrose, 122, 138, 173, 231,321, 327. . 
• Swaine, Samuel, 24, 124jj^259,J93. — \»..s vU.s.<x.>.-. 

Sweeds, imprisonment of Mr, Lamberton and 
others by, 106-108. 

Swinerton, Mrs., 50. 

Taintor, Michael, 451; goodman, 162. 

Tamadge, Robert, 93, 140, 488. 

Tanner, Nicholas, 26, 56. i ■ 

Tanning, hides spoiled through ignorance in, 
86,215. 

Tapp, Edmond goodman, 28, 33, 92, 112, 127, 
492. 
chosen magistrate for Milford, 112, 129. 

Tench, Edward, 27, .50, 93, 196. 
will of, presented in court, 278. 

Tharpe, Thorpe, William, 9, 17, 28, 81, 50, 03, 
94, 121, 137, 194, 231, 272, 303. 

Thickpenv, John, deposition of. 106. 

Thomas, John, 51, 121, 122, 138, 170, 188, 235, 
303,360,892,448,461. 

Thompson, John, nailor, 144, 151. 

Thompson, Tompson, John, 18, 47, 50,121, 122, 
125, 138, 139, 140, 228, 356, 365,404, 430, 437, 
496. 

Thompson, Tompson, Anthony, 9. 18, 41, 79, 
92, 125, 138, 140, 143, 150, 1,55, 181, 272, 277, 
280, 300, 802, 305, -307, 310, 316, 319, 326, 364, 
382, 387, 431, 454, 486. 

surveyor of roads and bridges, 148 ; will of, 
presented in court, 411. 

Thompson, Tompson, brother, 62, 88. 

Thompson, Tompson, widow, 418, 431,444,486. 

Thompson, Tompson, William, 10, 136, 133, 
152, 227, 231, 233, 302, 314, 385, 486, 495. 

Thompson, Tompson, sister, 308. 

Thompson, Tompson, Mr., of Virginia, 366. 

Thompson's History of Long Island, passage 
quoted from. 463. 

Thorp, Nathaniel, 141, and see Tharpo. 

Throckemorton, Mr., 522, 523. 

Tichener, Titchin, Martin, 139, 400. 

Till, James, lfJ3. 293, 413, 416, 418, 420, 437, 454. 

Tillson, goodwife, of Virginia, 421, 450. 

Timber, not to be exit without leave, 25 ; dam- 
age done to by barking, 165. 

Tobacco, penalty for taking in an uncovered 
place, 241. 

Toby, Thomas, 77, 80, 81, 123, 229, 393. 

Todd, Christopher, 18, 50, 94, 133, 228, 294, 303, 
339, 429, 430, 450. 

Todd, sistei-, 303. 

Tomlinson, Thomas, 140. 

Tooley, Towly, Edmund, 123, 133, 138, 423, 438. 

Tompson, see Thompson. 

Toquams, Andrew Ward and Robert Coe depu- 
ted to treat with New Haven for, 45, see Rip- 
powams, Stamford. 

Totoket, 42, 44, 45, 47, 84, 122, 153, 195, 297, 
345, 348, 493. 

granted to Rev. Samuel Eaton, 40 ; to be dis- 
posed of by town committee, 126. 
planters complain that Indians hurt their 
cattle, 150 ; granted to Mr. Swaine, 199 : dif- 
ference with about bounds, 492. 



546 



INDEX. 



Training, times of, 70, lOG, 187, 202. 
Treasurer, chosen, 51, 78, 85, 119,148, 156,171, 

274, 381, 457. 
Tredwell, Edsvara, 295. 
Trees, not to be cut where spruce masts grow, 

48. 213 ; not to be cut ou common without 

leave, 83, 155, 200, 358. 
Trobridge, Thomas, Mr., 80, 92, 124, 140, 185, 

264, 320, 325, 379, 454. 



Ward, Andrew, 9, 58. 
deputed by Wethersfield men to treat for pur- 
chase of Toquams, 45 ; con.stable of Stamford, 
78 ; letter received from, 85 ; deputy for Stam- 
ford, 85, 129 ; magistrate for Stamford, 275. 

Ward, Oeorge, 18, 56, 93, 139, 184, 265.' 

Ward, George and Lawrence, action of, against 
the company of merchants, 329. 

Ward,goodman, 33, 89, 42, 122. 



goods of, attached, 59 ; sergt. .Teffery to take j Ward, Lawrence, 18, 93, 105, 123, 125, 138,401. 



the children of, 133 ; house of, sold to Mr 

Evance, 219. 
Truck master, Mr. Grcgson appointed, 43. 
Turner, Abigail, 337. 
Turner, Daniel, 139, 442. 
Turner, Isaac, 141. 
Turner, James, 422, 528. 
Turner, Lawrence, 163. 

Turner, Mrs., 258, 293, 303, 308, 322, 334. 336. 
Turner, Nathaniel, 9, 17, 20. 24, 25. 26, 28, 31, 

32, 41, 48, 70, 77, 91, 105, 137, 142, 146, 148, 

160, 163, 174, 187, 325, 398. 

chosen for foundation work of church, IG ; 

deputy, 21, 44 ; captain, 40 ; land granted 



Watch, orders for the, 33, 74, 75, 205, 274, 381 ; 

to be kept from March 1 to last of Octob., 132, 

204. 

who exempted from, 464 ; increa.sed, 483. 
Watters, Edward, 139. 
Watters, Joseph, 488. 
AVatson, Edward, 138. 
Wattoone, 23. 

Watts, Jeremy, Jeremiah, 270,400, 487. 
Watts, La\vrence, 90, 120, 423, 465. 

inventory of, piesented in court, 437. 
Ways to be maintained before house lots, 231. 
Webb, Kichard, 122, 134, 139, 164, 242, 243, 489, 



. „ , 498. 

to, 42, 195 ; has leave to go to Delaware Bay, i Wceden, Thomas, 140. 

57; deputy for jurisdiction. Ill, 125,146,147, j Weights and measures, standard to be made 

156, 171 ; about to leave (in the phantom ! for, 166 ; to conform to standard, 213 ; to be 



ship,) 184 ; inventory of, presented in court, 

836. 
Turner, Rebecca. 3-37, 469, 478, 480. 
Tuttle, Tuthill, John, 140. 

appointed constable for Yennj'cock, 70. 
Tuttle, Jonathan, 140. 
Tuttle, sister, 303. 
Tuttle, Thomas, 141. 
Tuttle, William, Mr., 17, 41, 43, 44, 91, 139, 155, 

150, 196, 261, 270, 281, 302, 319, 334, 401. 
Tyler, William, 140. 

Uncas, 110, 118, 150, 167. 
Underbill, John, 10, 118, 127. 
deputy for Stamford, 85 ; proposes to raise 



soldiers for aid to the Dutch, 110 ; ;£20 lent [ Wheeler, goody, 304. 



viewed once a vear, 242. 
Welch, Thomas, 31, 41, 91, 314. 
Wells, William, 456, 463. 
Wequash, to have a suit of clothes at the town's 

charge, 60. 
Wethersfield, 23, 199,200, 497. 
Wosaucuck, 1, 5. 
Westerhouse, William, 140, ^55, 363, 366, 367, 

413, 420, 429, 470, 473, 476, 499, 508, 513, 515, 

525, 526, 528. 

ship of, seized by the Dutch, 333, 508 ; freed 

from watching, 375 ; action of Mr. Evance 

against, for ship Swallow, 467. 
AVheelbarrows, &c., not to be taken without 

leave, ' 



to, 117. 
United Colonics, commissioners chosen for, 87, 

117, 275 ; articles of confederation read, 96 ; 

to be recorded,' 90, 98. 
Usher, llobert, 139, 229, 232, 237, 261. 

Vacant lots, fenced at town charge, 60 ; res o-v- 
ed till arrival of first ships, 02 ; disposition 



Wheeler, Moses, 93, 94, 347, 350, 384. 
AVheeler, Thomas, 121, 134.' 138, 274, 297, 303, 

314, 391, 417, 430, 450, 455, 458, 462, 489. 
Wheeler, Thomas, jun., 479. 
Whelply, Henrv, 184, 326, 332. 
White, Willi.im, 139, 174. 
Whitehead, Isaac, 94, 122, 125, 139, 434, 446, 

4.59. 



of, 94, 95, 414, 427 ; committee appointed for Whitehead, John, 365, 391, 436. 

disposition of, 369, 375, 407. • Whitehead. Samuel, 10, 17, 76, 92, 123, 138, 

Venison, rate at which to be sold. 43. ' 105, 228,'302, 333, 382, 390, 404, 428, 431, 406, 

Vincent, John, 9. 18, 50, 95. 109, 138, 295, 303, I 478, 480, 495. 

899.404,427.449,459. ' I corporal, 76. 

Virginia, 35, 152, 109, il70, 291, 298, 366, 421, j Whitehead, sister, 304. 

.450. Wliitehcad, Thomas, 365, 370. 

ehip Swailow adjudged to mariners at, 407. 'Whiteway , Thomas, 123, 348, 493. 

Whitfield. Mr [Uenrv,]59, 199. 
Wakefield, John, 46, 75, 139, 303, 411, 424, 444, Whitman, Zach.ariah, 92, .322. 

496. deputy for ftlilford, 129. 

Wakefield, sister, 304. ! 'Whitmore, John, 69. 

Wakeman, John, 9, 18, 41, 62, 74, 79, 105, 126, ! deputy for Stamford, 112 ; murdered by lu- 

137, 143, 160, 161, 171, 179, 186,222, 231,283, | dians, 482. 

305, 314, 319,331, 377, 401,404,425, 448,465. Whituell, Jeremy, 18, 77. 81, 91, 94, 121, 138, 

486, 495. ' ■ ' 154, 164, 228, 2.^1, 274, 300, 302, 404. 

deputy, 58. 69, 78, 85, 119. 125. 148; deputy , Whitnell, sister, 304. 

for jurisdiction, 227, 274, 354, 331. Wigglesworth, Wiggleworth, Edward, 9, 17, 

Wakeman, Mrs., 245, 343. I 49, 93, 139, 196, 207, 281, 302, 308, 370, 430, 

Wakeman, Samuel, 140. ! 4;"i3. 

Walker, George, 180; licensed to retail wine, Wigglesworth. sister, 303. 

218. Wilford, John, 61. 138, 303. 

Walker, goodman. 258, 281, 301. , Wilkes, William, Mr., 17, 28, 46, 58, 00, 91, 321, 

AValker, John, 18, 50, 94, 138, 140. 153, 161, 170. i 391, 397. 

228, 326, 334, 405, 429, 441, 466. ' ! Wilkes, Uridgct, 321. 397. 

Wampum, to pass at 6 a penny, 44, 211 ; to be ; Wilkes, Mrs. Joane,'372, 379, 469. 

current pay under 20 shil., -183 ; to be suita- ' will of, presented in court, 361. 

bly stringed, 405. ; Willet, Mr., 522, 523. 

War, council of, appointed, 135, 167, 484. l Williams, widow, 50, 93, 194. 



INDEX. 



547 



Willmot, Benjamin, 18, 51, 138, 261, 302, 380, 

413, 487. 
Willmot, goodman, 313 ; old, 140, 263, 378. 
Willmot, sister, 304. 
Willmot, William, 140. 
Wills and inventories, abstracts of, 278, 300, 

323, 335, 341, 361, 362, 380. 410, 411, 437, 

439, 479, 480. 
Wilson. Samuel, 125, 139, 232, 261, 267. 426, 

430. !:...) 

Windsor, 229, 419. 
Wine, not to be retailed without license, 166, 

218 ; to be drawn only at the ordinary, 273. 
Winston, John, 139, 468. 
Winter, four months to be accounted as, 44. 
Winthrop, John, (gov. of Mass.,) letters receiv- 
ed from, 96, 97 ; letters from, 464, 517; 

allusion to his death, 531. 
Wolves and foxes, reward to those who kill, 27, 

182, 217, 283. 
Woodcliff, Edward, 35. 
Wooden, WUliam, 123, 133, 140, 232, 293, 380, 

470, 496. 

p.ction against for defamation, 339, 398. 



Woolen, Jean, 391.' 
Woolen, John, 79, 142. 

imprisoned by the Sweeds at Delaware, 106- 

108. 
Word of God to be the only rule, 21, 69, 130, 

191. 
Worry, Woory, Ralph, 299, 301. 
Wright, Benjamin, of Guilford, 497. 

to be whipped, 472. 

Yale, Thomas, Mr., 17, 50, 64, 66, 92, 122, 125, 

138, 194, 301, 302,386, 414, 480, 499. 
Yale, David, 50, 91, 196, 301, 327. 
Yale, Mrs., 303. 
lennycock, Yennycott, 97, 110, 152, see 

Southold. 

constable appointed for, 70 ; letter written 

to, 97. 
Young men not to live by themselves in cellars, 

70. 

Zeaker, skipper, 295. 
Ze!lick,Mr.,391. 



deputy 




soldier 




to, 117 
United Coi 


\ 


117, 275 ,■ 


\ 


to berer 


rsher.llr 





